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

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

Arnage Holdings Ltd – resisting the "siren song" of split preliminary issues

In the recent decision of Arnage Holdings Ltd in the Grand Court of the Cayman Islands, Justice Doyle dismissed the plaintiffs’ application for the split trial of certain preliminary issues. The Learned Judge considered Grand Court Rule O33 r 3, r 4(2), and r 7, and correlative parts of the English White Book, and held that certain issues (namely retainer, duty and breach) should not, as requested by the Plaintiffs, be heard at a separate trial in advance of other issues including loss, causation and illegality.

Ian Mann, Jessica Williams,
Jeremy Child, Julie Engwirda

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

With and (then) without: “cum-ex” trading scandal dismissed by English Commerical Court in landmark case for lack of jurisdiction

Mr Justice Baker has handed down judgment in Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration) and many others, dismissing the "massive" and "unprecedented" claim at the first opportunity.

Megan Elms, Jonathan Addo,
Nick Hoffman, Nicola Roberts,
William Peake, Jessica Williams

BVI Commercial Court: NY shareholder activist wins private placement attack

In the recent decision of IsZo Capital LP v Nam Tai Property Inc, Justice Jack of the BVI Commercial Court held that a private placement was made for an improper purpose; principally to defeat a validly issued requisition for a shareholders’ meeting. The Court held that the placement was void, and ordered re-institution of the shares to their pre-placement value.

Romane Duncan, Ian Mann,
Sarah Thompson, Hazel-Ann Hannaway,
Julie Engwirda, Jeremy Child