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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Preventing majority oppression in general meetings: the Court’s power to interfere with shareholder votes
In the recent decision of Pagden and anor v Soho Square Capital LLP and ors [2020] EWHC 944 (Ch), the High Court of England and Wales considered the scope of its power to interfere with the votes cast by shareholders in a general meeting.
05 May 2022
Position Paper on Parallel Schemes of Arrangement: the Harneys “Schemario Rules”
Harneys has decided to release its March 2020 Position Paper on Parallel Schemes of Arrangement: the Schemario Rules. Download the PDF here.
09 Jun 2021
Cayman Islands Grand Court releases important decision on costs and fair interest in s238 proceedings: In re Qunar
Petitions filed under Section 238 of the Cayman Islands Companies Act are ultimately concerned with one thing: the fair value of shares held by shareholders who have dissented from a merger or consolidation and therefore rejected the price offered to them for their shares. The company subject to the merger contends for a lower valuation; the dissenting shareholder contends for a higher valuation; expert valuation evidence is adduced; the Court, with the assistance of the experts, arrives at a fair value figure.
30 Mar 2021
Share Appraisal Litigation: the latest from Delaware
The Delaware Supreme Court has delivered the latest of a series of recent appraisal decisions concerning the determination of fair value under 8 Del. C. § 262(a): Brigade Leveraged Capital Structures Fund and Brigade Distressed Value Master Fund Ltd v Stillwater Mining Co.
30 Oct 2020
Court prefers company valuation in Chinese take-private litigation
The Cayman Court has delivered judgment in Trina Solar Limited. This is likely to be the first case under section 238 of the Companies Law in which fair value is determined to be below the merger price. This is a significant win for Trina and will have a big impact on future s238 cases.
30 Sep 2020