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
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

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

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

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

The Privy Council affirms winding up of a quasi-partnership

In a recent Privy Council decision, the Board allowed the appeal and restored Justice Wallbank’s order to wind up Ocean Sino Ltd, a BVI company in which the appellant, Mr Lau, and the respondent, Mr Chu, each owned one of the two issued shares. Mr Lau sought the winding up on the grounds of a functional deadlock and irretrievable breakdown of trust and confidence.

Ian Mann, Claire Goldstein,
Jeremy Child