Offshore Litigation

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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
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
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

Protection from predatory creditor actions in the BVI: the imposition of a “moratorium” in all but name

As reported in our Century Sunshine blog, Justice Jack, in the BVI Commercial Court recently appointed joint provisional liquidators over four BVI companies on a “light touch” basis following the precedent set down in Constellation. The terms of the joint provisional liquidators’ appointment mean that they will supervise the ongoing management of the companies by the existing boards of directors and ensure that the companies work towards a “holistic” restructuring of the wider Group’s debts.

Christopher Pease, Charles Wong,
Chai Ridgers, Lorinda Peasland,
Peter Ferrer, Jayson Wood

“Light touch” provisional liquidators appointed across three jurisdictions in the restructuring of the Century Sunshine Group: the JIN guidelines in practice?

In the recent judgments of Justice Parker in the Cayman Islands, Chief Justice Hargun in Bermuda and Justice Jack in the British Virgin Islands, “light touch” provisional liquidators were appointed across Century Sunshine Group Holdings Limited (the Company) and group companies. This is one of the first cases where provisional liquidators were appointed across three jurisdictions in a coordinated manner with the aim of enabling a holistic restructuring of the group. It will stand as an interesting case where the JIN guidelines can be implemented to enhance communications between Courts to facilitate a coordinated restructuring.

Charles Wong, Christopher Pease,
Peter Ferrer, Lorinda Peasland,
Chai Ridgers, Jayson Wood

International conventions, the United Kingdom and their application to Overseas Territories

Earlier this month, Mostyn, J by remote zoom hearing determined an application for the return of a child to his country of residence. The child was removed by his mother from their country of residence in Bermuda to live in the United Kingdom (UK). The effect of this relocation was to frustrate the Bermuda court order which gave the Applicant, a Bermuda resident, visiting rights to the child. Bermuda, like the BVI, is an Overseas Territory (OT).

Marcia McFarlane, Jonathan Addo,
Chai Ridgers, Phillip Kite

Open borders, closed minds

In an arguably unnecessary but nonetheless welcome determination, the English High Court has ruled that the use of offshore structures does not of itself constitute a ground for believing that such structures were intended to be used or were being used for wrongful purposes and that there had to be some additional evidential basis for such a belief.

William George, Lorinda Peasland,
William Peake, Claire Goldstein