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
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
  • London
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
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

Court of Appeal confirms that only fees incurred by BVI enrolled legal practitioners are recoverable

In Yao Juan v Kwok Kin Kwok and Crown Treasure Group Limited, the Court of Appeal handed down another seminal decision on costs’ recovery agreeing with the Appellant that costs incurred by lawyers not admitted to practice in the BVI are not recoverable.

Claire Goldstein, Romane Duncan,
Paula Kay, Phillip Kite

When will a director or shareholder of an insolvent company be held personally liable for costs liabilities incurred by the company in unsuccessful litigation?

The English Court of Appeal, in an important decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ithracat ve Sanayi AS v Aytacli (2021) EWCA Civ 1037 of 13 July 2021 which will be relevant to other jurisdictions with a regime for imposing liability for litigation costs on non-parties to the litigation (third party costs orders), has identified the guidelines in considering whether such an order should be made against directors (or shareholders) of an insolvent company.

Lachlan Greig, Jonathan Addo,
Julie Engwirda, Vicky Lord

Walking the tightrope - Illegally obtained evidence, privilege and the iniquity exception

In two recent cases, the British Virgin Islands Commercial Court had the opportunity to clarify the effect of section 125 of the Evidence Act 2006 (the Act). This provides that the Court is obliged to carry out a balancing act between the manner in which the evidence was obtained and the desirability of admitting it.

Peter Ferrer, John McCarroll SC,
Paula Kay, Claire Goldstein

A foreign helping hand: US and Hong Kong discovery in support of Cayman Islands litigation

In Cayman Islands Section 238 litigation – disputes as to the fair value of shares held by shareholders of a company that has been privatised – dissenting shareholders are turning to foreign courts to obtain parallel discovery in support of their claims. In two recent decisions, dissenters have relied on US Section 1782 discovery and letters of request to the Hong Kong Court to seek additional documents in those proceedings.

Ian Mann, James Granby,
Andrew Johnstone, Jessica Williams,
Julie Engwirda, Paula Kay,
Vicky Lord, Phillip Kite

Position Paper on Parallel Schemes of Arrangement: the Harneys “Schemario Rules”

What are Schemarios? Schemarios are “scheme-scenarios” which form governing rules to establish when a parallel scheme of arrangement is necessary. We believe that the Schemarios will be helpful to practitioners of cross-border restructuring around the world. Our Schemarios illustrate how the operation of the “rule in Gibbs” can be used to distinguish between cases where further steps (in particular, a parallel scheme of arrangement) are likely to be necessary to ensure the practical effectiveness of a cross-border restructuring and those cases where such steps may not strictly be necessary for that purpose.

Ian Mann, Chai Ridgers,
Paula Kay, Phillip Kite,
Peter Ferrer, Nicola Roberts,
Nick Hoffman, Vicky Lord