Please ensure Javascript is enabled for purposes of website accessibility


Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.



We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.

View all services

Business Services Team

View all Business Services Team


Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.

View all sectors


Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.

News and insights

Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.

Fresh thinking, sharper opinion.

About us

We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone. 

No Content Set

Section 238 Shareholder Appraisal Rights

Section 238 Shareholder Appraisal Rights

Contact us

Our appraisal rights specialists in the Cayman Islands, Asia and Europe collaborate across time zones to advise on all aspects of section 238 fair value proceedings.

Section 238 of the Cayman Islands Companies Act gives shareholders a statutory right to dissent from the merger of a Cayman Islands incorporated company, and to be paid a judicially determined fair value for their shares instead of the merger consideration being offered by the merging company. 

Our cross-border team advise and act on every aspect of fair value appraisal proceedings, from the pre-merger stage all the way through to trial and any appeals. Our team acts exclusively for dissenting shareholders and is acutely familiar with every aspect of appraisal disputes.

We work closely with leading onshore counsel and have strong relationships with top-tier practitioners and academic experts in all fields of valuation, including market efficiency and deal process. We assist clients throughout the world in their own time zones and our team speak fluent English, Mandarin and Cantonese to best service our clients in their native languages.

Section 238s services

  • Providing pre-merger advice on all aspects of the statutory appraisal process
  • Serving notices of objection, authorisation and dissent
  • Commencing appraisal proceedings
  • Negotiating interim payment and ancillary court applications
  • Obtaining pre-trial directions
  • Facilitating all aspects of the discovery process
  • Requesting information from management
  • Seeking disclosure against third parties in the US, Hong Kong and elsewhere
  • Selecting experts and collaborating on valuation reports
  • Advocacy and court representation
  • Appeals

No Content Set

No Content Set

Section 238 Shareholder Appraisal Rights

"Excellent quality work which comes from their broad, truly global reach"

Legal 500, 2023

No Content Set

No Content Set