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Offshore Litigation Blog

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Take 10 podcast series with pulsing headphones
Harneys litigation podcast “Take 10” Season four – Episode One: Arbitration and Interim Measures
In our first episode of this season’s Take 10 podcast, Asia Managing Partner Ian Mann and Counsel Andrew Chin talk about how the legislature and judiciary of the British Virgin Islands (BVI) and the Cayman Islands are constructing a favourable landscape for the application of interim measures in aid of international arbitration, no matter where those arbitrations are seated.
Post-judgment freezing orders and the "Angel Bell" exception
In the recent decision of Lenkor Energy Trading DMCC v Puri [2022] EWHC 2113 (Comm), the English High Court has considered whether to permit a defendant to deal with his assets in the ordinary course of business in the context of a post-judgment freezing order. While this is an English decision, it will be of relevance and interest to practitioners in the Cayman Islands, British Virgin Islands and Bermuda, where the legal principles relating to freezing orders are largely derived from English law.
Cross-undertaking in damages principles: Privy Council – Cayman Islands
In a recent decision of the Privy Council in Ennismore Fund Management Ltd v Fenris Consulting Ltd [2022] UKPC 27, on appeal from the Cayman Islands, the key principles for making an award under the cross undertaking in damages following the discharge of an interim injunction were set out.
Exact change only – Discharging freezing and receivership orders on the grounds of a material change in circumstances
On 24 Mar 2021, the Court of Appeal handed down judgment in Mitsuji Konoshita and A.P.F. Group Co Ltd v JTrust Asia Pte Ltd (BVIHCMAP 2020/0017), leaving helpful guidance on discharging freezing and receivership orders from material changes in circumstances.
Judgment handed down in ChainSwap v Persons Unknown: the first BVI freezing order against persons unknown concerning crypto fraud
The BVI Commercial Court has today (4 May 2022) handed down its judgment in ChainSwap v Persons Unknown.
BVI Commercial Court freezes assets held by unknown hackers in support of crypto tracing claim
By order made on 15 March 2022 in ChainSwap v Persons Unknown, the BVI Commercial Court has continued a worldwide freezing order against unknown hackers, who exploited the applicant’s software and used it to steal large quantities of cryptocurrency tokens from private users and projects.
Take 10 podcast series with pulsing headphones
Harneys litigation podcast “Take 10” Season three – Episode eleven: Les Ambassadeurs Club freezing injunction
In our eleventh episode of this season’s Take 10 podcast, Asia Managing Partner Ian Mann and Partner Peter Ferrer discuss the case of Les Ambassadeurs Club Ltd v Yu.
BVI decrypts the legal status of cryptoassets
In Philip Smith and Jason Kardachi (in their capacity as joint liquidators) v Torque Group Holdings Limited, the BVI Commercial Court had to determine how cryptoassets should be characterised under BVI law and it also had to consider how such assets should be treated by a liquidator in an insolvent winding up.
two black swans flying over still blue water
Release the shackles! The Privy Council sets Black Swan free to soar again
The Judicial Committee of the Privy Council has handed down its judgment in the Broad Idea appeals confirming that where the BVI High Court has personal jurisdiction over a party, the court has power to grant a freezing injunction against that party to assist enforcement through the court’s process of a prospective (or existing) foreign judgment.
Take 10 podcast series with pulsing headphones
Take 10 season three, episode seven – Black Swan flies as Siskina dies
In this episode of our Take 10 podcast, BVI Head of Litigation, Insolvency and Restructuring Andrew Thorp is joined by partner Jonathan Addo to discuss the eagerly awaited Privy Council full board decision in Convoy Collateral Limited v Broad Idea International Limited which was handed down on 4 October 2021.
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