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

Cayman Islands Grand Court releases important decision on costs and fair interest in s238 proceedings: In re Qunar

Petitions filed under Section 238 of the Cayman Islands Companies Act are ultimately concerned with one thing: the fair value of shares held by shareholders who have dissented from a merger or consolidation and therefore rejected the price offered to them for their shares. The company subject to the merger contends for a lower valuation; the dissenting shareholder contends for a higher valuation; expert valuation evidence is adduced; the Court, with the assistance of the experts, arrives at a fair value figure.

James Eggleton, Jessica Williams,
Paul Madden, Julie Engwirda,
Paula Kay, James Granby,
Jeremy Child, Francesca Gibbons

Cayman costs ruling a word of warning to "friendly creditors"

The Grand Court’s recent costs ruling in Re Global-IP Cayman serves as a word of warning to would-be "friendly creditors" (creditors who agree to bring a creditor’s winding-up petition at the instance of a party that lacks standing to petition as a creditor itself) that they may find themselves footing a hefty bill for legal costs.

Mark Burrows, Paul Smith,
Paula Kay, William Peake

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.

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