Offshore Litigation

Blog

Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

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

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

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

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

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

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

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

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

  • Partner
  • Cayman Islands

Grand Court provides jurisdictional guidance on section 92(c) of the Companies Law and its application to exempted limited partnerships

In the recent decision of Duet Real Estate Partners 1 LP the Grand Court wound up an exempted limited partnership (Fund) pursuant to section 92(c) of the Companies Law. This appears to be the first decision in the Cayman Islands which considers the application of section 92(c) (expiry of term) to exempted limited partnerships and which provides extensive jurisdictional guidance on section 92(c).

Katie Pearson, Anya Park,
William Peake, Julie Engwirda

Long Live the Norwich Pharmacal!

In a judgment delivered on 15 June 2020, in the case of A Foreign Representative in Foreign Insolvency Proceedings v Five Registered Agents in which Harneys acted for the successful applicant, Justice Jack confirmed that the BVI High Court has the power to grant Norwich Pharmacal orders (ie third party disclosure orders) in support of actual or intended foreign proceedings. The power is not affected by the Court of Appeal’s recent decision in the Broad Idea v Convoy Collateral (No.2), which determined that the BVI High Court does not have the power to grant freezing injunctions and other interim relief in support of foreign proceedings (known as Black Swan relief in BVI).

Stuart Cullen, Richard Parchment,
Andrew Johnstone, William Peake

Recognition of foreign “light touch” provisional liquidations affirmed once again by the Hong Kong Court

The recent judgment of Mr Justice Harris in In Re China Oil Gangran Energy Group Holdings Limited (In Provisional Liquidation) recognising the appointment of “light touch” provisional liquidators in the Cayman Islands, is the latest in the growing body of Hong Kong jurisprudence confirming the willingness of the Hong Kong Court to recognise the appointment of foreign provisional liquidators for restructuring purposes, despite the fact that Hong Kong has no legislation that provides for such a restructuring.

Charles Wong, Chai Ridgers,
Andrew Thorp, Jayson Wood

Access to data: A beneficiary’s privilege

In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

Ian Mann, William Peake,
Nicola Roberts, Jessica Williams,
Lucy Hickmet

Stop right now - English Court sets aside order granting leave to enforce arbitration award under section 66 Arbitration Act 1996

In A v B the English Court set aside the Court’s order enforcing an arbitration award on the grounds that the full award debt was not currently outstanding. The Court did not dismiss the application to enforce finding that the factual dispute about whether the debt was due and payable could be dealt with at a further hearing under s66 of the Arbitration Act 1996.

Paula Gibbs, Peter Ferrer,
Julie Engwirda, William Peake