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

The importance of a robust sales process: sanction applications for the sale of company property under the Cayman Islands Companies Law

As a matter of Cayman Islands law, liquidators wishing to sell company property by way of public auction or private contract may only do so with the sanction of the Grand Court. Many such sanction applications are uncontested and may be suitable to be heard on the papers. Sanction applications are not, however, mere rubber stamping exercises. That is especially true where they are opposed.

James Eggleton, Jessica Williams,
Chai Ridgers, Jeremy Child,
Paul Smith

The improper dilution of shareholders’ rights – the latest instalment in the Tianrui v China Shansui dispute

In the recent case of Tianrui (International) Holding Company Limited v China Shansui Cement Group Limited, the Grand Court gave judgment on the defendant’s applications to strike out a contributory’s winding up petition for abuse of process and an application to strike out a subsequent writ action by the petitioner.

Niall Dodd, Nick Hoffman,
Hazel-Ann Hannaway, Julie Engwirda,
Jeremy Child

Just & equitable winding up – a higher threshold than unfair prejudice

In ACE International (B.V.I.) Limited [2020] HKCFI 498 Mr Justice Jonathan Harris of the Hong Kong Court of First Instance held that if a company is incorporated in a jurisdiction such as the BVI, which has a similar unfair prejudice regime to Hong Kong, and the company does not have a place of business in Hong Kong generally, the dispute between shareholders should be litigated in the place of incorporation, because the petitioner is behaving unreasonably in seeking exclusively a just and equitable winding up.

William George, Ian Mann,
Hazel-Ann Hannaway, Nicola Roberts

“The truth is seldom pure, and never simple.” (Oscar Wilde) - Fair value determinations under section 238 of the Companies Law: In re Nord Anglia Education

The Grand Court has handed down its decision in yet another important case concerning share appraisal rights under section 238 of the Cayman Islands Companies Law. The extensive and wide ranging judgment, the first following the Privy Council’s recent decision in Shanda Games, is notable for its analysis of how the general legal principles governing the Court’s jurisdiction to determine the fair value of shares ought to be applied.

James Eggleton, Nick Hoffman,
Paula Kay, Paul Madden

Grand Court not driven to change direction in Ehi Car Services Limited

On 24 February 2020, the Grand Court of the Cayman Islands (the Court) delivered judgment for a contested directions hearing on In the Matter of Ehi Car Services Limited (unreported, 20 January 2020). It is not the first time that directions have been contested against a landscape of evolving section 238 litigation where Judges have been asked to resolve issues regarding the development of its procedural regime.

Paula Kay, William Peake,
Natalie Lee, Nick Hoffman