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

To what extent will the courts accept public policy as a defence to enforcement?

In the recent decision of Lenkor Energy Trading DMCC v Puri [2020] EWHC 75 (QBD), the English High Court analysed the scope of the public policy defence to the recognition and enforcement of a foreign monetary judgment. The decision includes principles of application in both onshore and offshore jurisdictions.

Claire Goldstein, Henry Mander,
Phillip Kite, Julie Engwirda

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 4)

The last of our blogs in relation to the CAA v R (Jet2.Com Limited) decision covers the Court of Appeal’s findings with respect to the following two issues: first, whether, when considering if emails and their attachments are subject to legal advice privilege, they ought to be reviewed as one composite communication, or as separate communications; and secondly, the principle of collateral waiver of privilege.

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 3)

In a wide ranging decision concerning the principles applicable to legal advice privilege, the Court of Appeal has provided helpful guidance on the approach to be taken when ascertaining the status (privileged or not) to communications between multiple parties where one of the senders or recipients is a lawyer (CAA v R (Jet2.Com Limited)).

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 2)

Legal advice privilege does not apply to material collected by a client (or by his lawyer on his behalf) from third parties or agents for the purposes of instructing lawyers to give advice. Where the relevant client is a corporation, documents or other materials between an employee and a co-employee, even if required to equip lawyers to advise, will not attract LAP unless the employee has been tasked with seeking and receiving legal advice on behalf of the corporation.

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) (Blog 1)

The Court of Appeal of England and Wales has recently handed down an important and practical decision on the principle and scope of legal advice (as opposed to litigation) privilege. The appeal, made within the context of judicial review proceedings brought by Jet2 against the UK Civil Aviation Authority, raises a number of important issues concerning LAP.

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Unjust Enrichment and Implied Terms - Barton v Gwyn-Jones

In a recent judgment concerning contractual construction, unjust enrichment and the implication of terms, the Court of Appeal of England and Wales held that an oral agreement for the payment of an introductory fee upon the sale of a property at a specified price would not operate so as to disentitle the introducer from any fee whatsoever upon the sale of that property for a lesser price.

James Eggleton, Claire Goldstein,
William Peake, Andrew Johnstone