Offshore Litigation

Blog

Offshore Litigation

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Hazel-Ann Hannaway
Hazel-Ann Hannaway
  • Hazel-Ann Hannaway

  • Partner
  • British Virgin Islands
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • British Virgin Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
  • Singapore
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands

Lord Clarke on the integrity of our system

Speaking extra-judicially at the 5th Annual Harbour Lecture on 21 June 2017, and with considerable humour, Lord Clarke of the UK Supreme Court, gave two examples of integrity which are a testament to the way our common law system operates.

Click here for the full speech. “[I] was counsel in a maritime case against Nicholas Phillips, later of course Master of the Rolls, Lord Chief Justice and President of the Supreme Court. I handed him a document in the course of the trial which I intended him to have. Unfortunately, like a fool, I also gave him at the same time a number of my client’s witness statements, which were of course privileged and which I certainly did not intend him to see. . . .  At the time this happened, there was as I recall no learning on the correct approach. Now there is. In fact he immediately returned them to me without looking at them. He did it instinctively without looking at the documents. He did it because it was the right thing to do in circumstances when he knew that I had disclosed them to him by mistake. The subsequent authorities show that his decision was correct”. “[I] was involved as a junior in a substantial piece of commercial litigation. It was the afternoon before the trial. I was present at a discussion with my leader, Michael Thomas QC, who was of course later Attorney General in Hong Kong. We thought that our clients’ case was probably correct but the evidence in support of it was thin. A brown envelope arrived addressed to my leader. He opened it. It was from counsel on the other side, who was then Michael Mustill QC (later of course Lord Mustill). It said, in effect: ‘Dear Michael, You might be interested in the enclosed document. Yours ever, Michael’. In the envelope was a document which showed that our clients’ case was correct and that they would almost certainly win if it was put before the court. The other side had to capitulate. The disclosure was of course an example of the operation of the English rules of disclosure. . . . These high standards are critical, not only in the world of which I (at any rate at one time) had experience, but across the board”.

Scale

Leave A Comment