Offshore Litigation Blog

In a significant ruling for cryptocurrency litigation, the English Court of Appeal in BSV Claims Ltd v Bittylicious Ltd dismissed the Applicant’s appeal against Binance and other crypto exchanges in proceedings arising out of the alleged anti-competitive delisting of Bitcoin Satoshi Vision (BSV) in 2019.

Adam v Adam is a recent decision of the English High Court which provides a useful illustration of when pleadings ought to be struck out.

In a recent decision involving the China Evergrande Group, the Hong Kong Court of First Instance reaffirmed the policing provisions of disclosure orders under Mareva/freezing injunctions.

In a recent landmark decision, the Singapore High Court in Re Taylor, Joshua James and another (Official Receiver, non-party) addressed the treatment of unclaimed cryptocurrencies during the liquidation of Eqonex Capital Pte Ltd, a digital asset exchange operator.

When a scheme of arrangement involving a compromise or arrangement is proposed between a company and its creditors or any class of them, the court is required to consider whether it would be appropriate to convene one or more meetings of creditors for the purposes of considering and voting on the scheme of arrangement.

The BVI has robust corporate insolvency legislation, fostering recoveries for creditors in the event of a liquidation. This article examines two areas where the BVI’s legislation, as interpreted by its Courts, is particularly developed: unfair preferences and challenges to the decisions of liquidators, as well as other office-holders. The strength of the BVI’s corporate insolvency legislation provides a reason for companies to incorporate in the territory.

On 4 June 2025, the Supreme Court handed down judgment in Waller-Edwards v One Savings Bank Plc. The judgment provides welcome certainty to lenders as to when they are put ‘on inquiry’ of undue influence in hybrid loan transactions.

The UK Supreme Court has recently provided important clarification as to the breadth of Section 213 of the Insolvency Act in Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd (Bilta), holding that it is not intended to apply only to persons exercising management or control of the company’s business, but extends also to third party outsiders who have assisted or knowingly become parties to the carrying on of fraudulent business.

In the recent decision of In the Matter of Position Mobile Ltd SEZC, the Cayman Islands Grand Court has thoroughly reviewed the legal test as to whether the documents of a subsidiary are within the “power” of its parent company in the context of a specific discovery application in winding-up proceedings. The decision also serves as a helpful reminder on the importance of formulating specific discovery applications with precision and full particulars.

In a recent BVI case, the Commercial Court navigated various issues arising out of a winding up application brought by a creditor against a struck off and dissolved BVI company, based on an unregistered foreign judgment.

The jurisdiction of the Cayman and BVI courts to adjudicate claims depends upon whether the defendant(s) to those claims can lawfully be served with originating process.

The English Court of Appeal’s decision in Servis-Terminal LLC v Drelle concerns the issue of whether unregistered or non-domesticated foreign judgments or arbitration awards can be used as a basis for insolvency proceedings. The English Court of Appeal ruled that such judgments cannot serve as a basis for bankruptcy petitions in England.