The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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Are you being served? Lessons from the English Court of Appeal
The English Court of Appeal’s decision in Khan v D’Aubigny is a must-read for litigators, tackling the perennial issue of valid service—whether under common law, contract, or statute. Though arising in a landlord-tenant context, the ruling offers guidance across all litigation, clarifying section 7 of the Interpretation Act 1978 (IA 1978), the common law presumption of service, and what qualifies as a “notice”.
05 Feb 2025

A guide to domain names for companies: registration and disputes
A domain name is an intangible asset of a company, establishing the company’s presence on the internet. The abuse of domain names is a phenomenon that we see evolving in the past few years. In this short guide, we examine the rights associated with domain name registration, the various disputes that may arise over ownership and rights, as well as possible routes for resolution.
04 Feb 2025

A split victory: Costs ruling in Afiniti, Ltd. v Chishti
In a recent decision of the Bermuda Court of Appeal, the judgment in Afiniti, Ltd. v Chishti offered a nuanced costs ruling following an appeal with mixed outcomes. The case provides valuable insights into the apportionment of costs in litigation where neither party emerges as a clear winner.
31 Jan 2025

When pigs really do fly: Bermuda hosts the ultimate layover
In a recent event that sounds straight out of a comedy script, Bermuda played host to a most unexpected set of VIPs—Very Important Pigs. A KLM aircraft en route from the Netherlands to Mexico made an emergency stop on the island after the smell from its cargo of live pigs proved too much for the flight crew and pilots to handle. Yes, you read that correctly: the pigs were flying, but their odour was grounding!
30 Jan 2025

Embracing the Year of the Snake in a law firm: wisdom and strategy
As we welcome the Year of the Snake, we can draw valuable lessons from the characteristics of this zodiac sign.
24 Jan 2025

How the court system works in the BVI
This guide covers frequently asked questions on how the courts in the British Virgin Islands operate.
23 Jan 2025

“Good arguable case” – Threshold for granting freezing injunctions clarified
In Dos Santos v Unitel SA, the English Court of Appeal clarified the threshold test of a “good arguable case” for granting worldwide freezing injunctions should be equivalent to that of a “serious issue to be tried” as applied in other types of interim injunctions, in accordance with the principles laid down in American Cyanamid.
23 Jan 2025

When silence speaks – The Singapore Court of Appeal’s take on infra petita in arbitration
The recent Singapore Court of Appeal case of DEM v DEL offers significant insights into the complexities surrounding arbitration awards, particularly concerning infra petita challenges (failure by a judge or arbitrator to consider a claim or essential issue) when the appellant is a non-participating party in the underlying arbitration.
21 Jan 2025

Cayman Court rules on its discretion to grant declaratory relief in default judgment applications
In the case of Canterbury Securities Ltd (In Official Liquidation) v Wincura, the Grand Court of the Cayman Islands addressed the issue of granting declaratory relief upon an application for default judgment.
09 Jan 2025