About the Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog was launched in 2016 and is a one-of-a-kind online resource for news and information about offshore litigation in jurisdictions including the BVI and the Cayman Islands. You will find recent case updates, offshore litigation news, interviews, and even some insights into island life, written by Harneys litigators from around the world.
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FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”
In a recent decision of the Privy Council in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding, on appeal from the Cayman Islands, the effect of an arbitration clause on the court’s jurisdiction to wind up on the just and equitable ground was considered.
22 Sep 2023
The rule in Hastings-Bass under Cayman Islands’ statute
The Cayman Islands Trusts (Amendment Act) 2019 introduced a new statutory Hastings-Bass jurisdiction at s.64A of the Trusts Act which became operational on 14 June 2019. There has been no unreported or reported cases since its introduction.
14 Sep 2023
ESG in Restructuring
The BVI Business Companies Act 2004 (BVI BCA) provides the statutory framework for a BVI company to undertake a restructuring. Download the PDF to read the full chapter, published originally by INSOL.
13 Sep 2023
Grand Court reiterates pro-creditor approach to interim payments on account of costs
We recently wrote about two Grand Court decisions that confirmed the governing principles on interim payments. The two cases considered demonstrate that the Cayman Islands court has a pro-creditor approach to interim payments, and one of the fundamental principles the court will consider when deciding whether or not to make an award is whether there is a good reason not to order an interim payment.
25 Aug 2023
Crypto Fraud: is it really a matter of trust?
In a recent decision the English High Court discharged a proprietary injunction that enjoined Binance from dealing with the proceeds of a scam. In doing so, the court warned against assuming that cryptocurrency exchanges act as constructive trustees of misappropriated digital assets.
23 Jun 2023
Enough is enough! Eastern Caribbean Court of Appeal debars party for contumacious conduct
In Oscar Trustee Limited v MBS Software Solutions Limited, the Eastern Caribbean Court of Appeal exercised its extensive powers to enforce its orders and sanction non-compliance.
22 Jun 2023
The long arm of the law: Eastern Caribbean Court of Appeal confirms its extensive residual powers
In Oscar Trustee Limited v MBS Software Solutions Limited, the Eastern Caribbean Court of Appeal confirmed that it has extensive residual powers to police its orders and prevent a party from abusing its process even where the party has made an application for leave to appeal to the Privy Council.
19 Jun 2023
Separate legal personality, not separate liability: Looking beyond the corporate veil
The English Court of Appeal has in the recent judgment of Investment Bank PSC v El-Husseini examined the purpose and scope of section 423 of the Insolvency Act (the IA), which deals with transactions defrauding creditors.
12 Jun 2023
Six key requirements to sanction a Cayman Islands scheme of arrangement
In the recent decision of Jiangnan Group Limited, the Cayman Islands Grand Court analyszes the requirements required for sanction of a scheme of arrangement with members and/or creditors and endorses the relevant principles previously set out in Bestway Global Inc.
09 Jun 2023