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

From New York to Chile and in between: The Cayman Islands court approves protocol for communicating with foreign courts in LATAM Finance restructure

In the 24 August 2020 decision of Justice Kawaley in Re LATAM Finance Limited, the Grand Court of the Cayman Islands approved a protocol for direct communications between itself and courts in New York, Chile and Colombia in relation to a proposed restructure under Chapter 11 of the United States Bankruptcy Code.

Lachlan Greig, Paul Madden,
Julie Engwirda, Jeremy Child

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

Recognition of foreign “light touch” provisional liquidations affirmed once again by the Hong Kong Court

The recent judgment of Mr Justice Harris in In Re China Oil Gangran Energy Group Holdings Limited (In Provisional Liquidation) recognising the appointment of “light touch” provisional liquidators in the Cayman Islands, is the latest in the growing body of Hong Kong jurisprudence confirming the willingness of the Hong Kong Court to recognise the appointment of foreign provisional liquidators for restructuring purposes, despite the fact that Hong Kong has no legislation that provides for such a restructuring.

Charles Wong, Chai Ridgers,
Andrew Thorp, Jessica Williams

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