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

Contempt of court for ticket touting in breach of court order

In the recent decision of Nichols v Chelsea Football Club the English Court of Appeal dismissed an appeal against sentence of 21 weeks’ imprisonment for contempt of court. The appellant, Mr Nichols, was found to be in breach of an order prohibiting him from dealing in Chelsea Football Club tickets. Mr Nichols was filmed selling a ticket to an agent of the club near the stadium on match day.

Jayson Wood, Anya Park,
Phillip Kite, Paula Kay

Judicial comity between Courts in the Cayman Islands and in Hong Kong

In the decision of Re Altair Asia Investments (delivered on 16 March 2020) the Grand Court adjourned a creditor’s winding up petition pending delivery of judgment in Hong Kong in proceedings against the guarantors of the debt on which the petition was based. The decision exemplifies judicial comity between the Cayman Islands and Hong Kong where judges are astute to avoid jurisdictional clash or inconsistent findings.

Anya Park, Ian Mann,
Jessica Williams, Phillip Kite

Cayman Islands Grand court recognises appointment of US receiver over Cayman company: Seiden v Link Motion Inc

By reference to a line of common law authority concerning its inherent power to recognise receivers appointed by foreign courts, including Schemmer v Property Resources Ltd, Kilderkin v Player and In re Silk Road, the Grand Court has recently granted recognition to a temporary receiver appointed in the US over a Cayman Islands incorporated company.

James Eggleton, Jessica Williams,
Andrew Johnstone, Jeremy Child

“The truth is seldom pure, and never simple.” (Oscar Wilde) - Fair value determinations under section 238 of the Companies Law: In re Nord Anglia Education

The Grand Court has handed down its decision in yet another important case concerning share appraisal rights under section 238 of the Cayman Islands Companies Law. The extensive and wide ranging judgment, the first following the Privy Council’s recent decision in Shanda Games, is notable for its analysis of how the general legal principles governing the Court’s jurisdiction to determine the fair value of shares ought to be applied.

James Eggleton, Nick Hoffman,
Paula Kay, Paul Madden

Hong Kong Court’s first consideration of PRC law governed debt in sanctioning a scheme of arrangement: Gibbs Rule revisited

Delivering the first known judgment of its kind, Mr. Justice Harris in In Re China Lumena New Materials Corp. considered sanctioning a scheme of arrangement where a significant part of the debt was not governed by Hong Kong law, thus raising the spectre of the Gibbs Rule once again. The written judgment followed hot on the heels of the ex tempore judgment of Justice Kawaley in the Grand Court when sanctioning its parallel scheme of arrangement in the Cayman Islands.

Charles Wong, Lorinda Peasland,
Jayson Wood, William Peake

Overriding legal professional privilege - The iniquity exception

A decision of the English High Court released earlier this month deals with the important issue which arises when instructions and communications between a lawyer and their client are not protected by legal professional privilege if the lawyer is instructed for the purpose of furthering or concealing a crime, fraud or other iniquity, whether or not the lawyer is aware of the wrongful purpose – the so-called ‘iniquity exception’.

Conal Keane, Paul Madden,
Jonathan Addo, Phillip Kite,
Vicky Lord