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
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

Where there's a will, there may be a life time trust!

In a recent decision of the English High Court (Clarke-Sullivan v Clarke-Sullivan), which will be of interest and relevance in Cayman and elsewhere, the court was tasked with construing a will (the Will) and its effect in circumstances where the deceased (the Deceased) was very sadly killed in an avalanche while skiing and the Will provided that the residuary estate was to go to a New Zealand discretionary trust (the Trust) which had subsequently been wound up.

Charles Moore, Henry Mander,
William Peake, Paula Kay,
Jessica Williams

Stingray Trust: a tale of two representatives and two jurisdictions

In a recent decision of the Grand Court of the Cayman Islands (Re Stingray Trust), Kawaley J resolved the previously unclear issue from previous decisions on whether s.90 of the Trusts Law (now “Act”) provides that all questions relating to, among other matters, the validity of a Cayman Islands Trust can only be adjudicated by the Cayman Islands courts?

Charles Moore, Majdi Beji,
Henry Mander, Paula Kay,
Phillip Kite

SICL Liquidators’ claw-back claim rejected – important analysis of knowing receipt principles

The liquidators of Saad Investments Company have lost their seven-year battle in the English Courts to claw-back US$318m worth of shares from the Saudi bank, Samba. The shares were transferred to Samba in 2009 by Maan Al Sanea, SICL’s founder, the Kuwaiti-born former fighter pilot whose business affairs have been the subject of litigation for over a decade, including the long-running case of AHAB v Saad & Ors in the Cayman Islands.

Niall Dodd, Grainne King,
William Peake, Paula Kay,
Jessica Williams, Jonathan Addo

Access to data: A beneficiary’s privilege

In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

Ian Mann, William Peake,
Nicola Roberts, Jessica Williams,
Lucy Hickmet

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.

Lorinda Peasland, William Peake,
Claire Goldstein

Hands off! EC court of appeal rules on beneficiaries’ standing to prevent interference with trust assets

On 30 March 2020 the Eastern Caribbean Court of Appeal handed down its much anticipated judgment in Paraskevaides v Citco Trust Corporation and ors , which provides important guidance for those seeking urgent injunctive relief on an ex parte basis and clarifies principles that are commonly applied by the BVI Commercial Court.

Christopher Pease, Andrew Thorp,
Paula Kay, Phillip Kite