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
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

Scheme sanction and uncompromised creditors

In a recent decision of the Grand Court of the Cayman Islands (Re Freeman FinTech Corporation Limited), Segal J provides guidance on the principles to be applied when sanctioning a cross-border scheme of arrangement and the potential impact from creditors who fall outside the jurisdiction of the court.

Jayson Wood, Chai Ridgers,
Lachlan Greig, Phillip Kite,
William Peake, Jessica Williams,
Julie Engwirda, Nicola Roberts,
Paula Kay

Differences in rights do not necessarily fracture a class

In the recent case of Re MAB Leasing Limited in the High Court of England and Wales, MAB Leasing Limited (the Company) applied to the Court for an order to convene a meeting of creditors to approve a scheme of arrangement. The Company, incorporated in Malaysia, was part of the group which operated Malaysian Airlines. However, as it was liable to be wound up in England and Wales as an overseas company, the Court had jurisdiction over it to sanction a scheme of arrangement.

Leona Healey, Lorinda Peasland,
Peter Ferrer, Jessica Williams

A long way from home: The Hong Kong Court highlights the difficulties of winding up foreign companies

In the 19 November 2020 Hong Kong decision of Re China Huiyuan Juice Group Ltd [2020] HKCFI 2940, Mr Justice Harris highlights the difficulties associated with attempting to wind up a foreign (in this case, Cayman Islands) company in the Hong Kong Court rather than in the jurisdiction of the company’s incorporation.

Lachlan Greig, Jessica Williams,
Vicky Lord, Andrew Johnstone

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