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

Akhmedova v Akhmedov and others – The requirements for relief under section 423 of the English Insolvency Act

In the recent English judgment in Tatiana Akhmedova v Farkhad Teimur Ogly Akhmedov & others [2021] EWHC 545 (Fam), a high-profile and long-running divorce case, the English Court examined the requirements for relief to be granted under section 423 of the English Insolvency Act 1986.

Joyce Yuen, Ian Mann,
William Peake, Lachlan Greig,
Hazel-Ann Hannaway, Katie Pearson

Brace for impact: Commercial Court gives judgment on Norwegian helicopter crash

On 17 May 2021, the BVI Commercial Court handed down its written judgment on a negligence claim concerning a helicopter which crashed into the sea while attempting to land on a superyacht in Norway. Harneys, together with Matthew Reeve and Joseph England of Quadrant Chambers, acted for the successful Claimants (the First Claimant insured and the Second Claimant Insurer). The judgment highlights the technical expertise of the BVI Commercial Court in dealing with specialist areas of law.

Peter Ferrer, Sarah Thompson,
Joshua Shuardson-Hipkin, Richard Parchment,
Jessica Williams, Nicola Roberts,
Jeremy Child

Mutual Recognition and Assistance related to Insolvency Proceedings between the Courts of the People’s Republic of China and the Hong Kong SAR

In a highly significant development, on 14 May 2021 Yang Wangming, vice-president of the Supreme People’s Court and Hong Kong Secretary for Justice, Teresa Cheng signed a “record of meeting” implementing an arrangement between the courts of the mainland and the Hong Kong SAR concerning mutual recognition of corporate insolvencies.

Andrew Johnstone, Vicky Lord,
Peter Ferrer, Katie Pearson

Tearing apart Nilon? BVI Commercial Court allows interim rectification of register of members

In Pavel Sazonov v Elena Silkina and another Justice Jack, sitting in the BVI Commercial Court, ordered that a company’s register of members should be rectified on an interim basis, subject to determination of the ultimate ownership of the company at the trial of the underlying proceedings.

Megan Elms, Christopher Pease,
Paula Kay, Jeremy Child

Baby, baby, baby, you're out of time

In the recent case of Sumitomo Mitsuitrust (UK) Ltd v Spectrum Galaxy Ltd BVIHC (COM) 2018/0172, Justice Jack considered the question as to whether an alleged breach of contract claim that fell outside the limitation period could nevertheless be relied upon in a BVI unfair prejudice claim. An earlier blog concerning amending pleadings at a late stage arose from the same set of proceedings.

Ian Mann, Claire Goldstein,
William Peake, Vicky Lord