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
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

Hold the champagne! Court orders costs’ reduction for unsuccessful "discrete issue"

Following a trial on liability, the Claimant succeeded in her claim against the Defendant, but was unsuccessful in relation to a discrete issue, with the Court concluding that the Claimant was entitled to recover 90 per cent of her costs from the Defendant, with the 10 per cent difference representing those costs attributable to the allegations on which she was unsuccessful.

Gareth Murphy, Paula Kay,
Andrew Thorp, William Peake

The Arkin cap re-visited: How much should a litigation funder of unsuccessful litigation pay towards costs?

In a decision relevant to the fledgling litigation funding industry in the Cayman Islands, in Chapelgate Credit Opportunity Master Fund Limited v Money [2020] EWCA Civ 246 the English Court of Appeal confirmed that there is no fetter on the court’s broad discretion to make cost orders against non-party litigation funders.

Lachlan Greig, Paul Madden,
Nicola Roberts, Jeremy Child

Cayman Islands Grand Court revisits principles concerning indemnity costs and costs sanctions

As is the case in many offshore jurisdictions, the default position in the Cayman Islands is that costs follow the event: the successful party will, in the ordinary course, recover their reasonable costs from the unsuccessful party. There are exceptions to this general rule, including where an act or omission has been carried out improperly, unreasonably or negligently.

James Eggleton, Jessica Williams,
Julie Engwirda, William Peake

Sparing relief: Security for Costs orders against defendants

In its recent decision in VTB v Skurikhin, the English High Court has dismissed an application, brought by the Claimant, for security for costs and reaffirmed that whilst the court has the power to order a Defendant to give security for a claimant’s costs, such relief will only be granted sparingly.

Claire Goldstein, Jeremy Child,
Andrew Johnstone, Romane Duncan