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

Cayman Islands Grand court recognises appointment of US receiver over Cayman company: Seiden v Link Motion Inc

By reference to a line of common law authority concerning its inherent power to recognise receivers appointed by foreign courts, including Schemmer v Property Resources Ltd, Kilderkin v Player and In re Silk Road, the Grand Court has recently granted recognition to a temporary receiver appointed in the US over a Cayman Islands incorporated company.

James Eggleton, Jessica Williams,
Andrew Johnstone, Jeremy Child

Koshigi Limited and Svoboda Corporation v. Donna Union Foundation (BVIHCMAPP2018/0043 and 0050 of 17 January 2019)

On an appeal from the BVI, the Eastern Caribbean Court of Appeal handed down judgment in one of the first cases in the jurisdiction dealing with interim relief – in this case both an injunction and a receiver - in support of foreign arbitral proceedings. The receiver arguably represents the most powerful weapon in the armoury available for asset tracing in the British Virgin Islands. As BVI companies are often used as holding vehicles, using a receiver to take control of the corporate structure and move 'downstream' to the assets is a particularly potent strategy. Recent developments in case law have made this remedy more widely available.

Ian Mann, Paula Kay,
Peter Ferrer, Christopher Pease

Zacaroli J provides guidance for sanction hearings

In Re Equitable Life Assurance (4 December 2019) Zacaroli J sanctioned a scheme of arrangement in respect of England’s first mutual assurance society, which had been in solvent run-off since 2000. Equitable presented a scheme to address unfairness which would arise from the tontine effect in the run-off of Equitable’s with-profits business (by removing the with-profits business in exchange for the conversion of those policies to unit-linked policies but with an uplift in value).

Anya Park, Jayson Wood,
Ian Mann, Phillip Kite

Balancing open justice and use of highly sensitive documents at trial

In the recent decision of Nord Anglia the Grand Court of the Cayman Islands considered how a highly sensitive document should be dealt with at trial. The decision is a useful reminder of the need to strike a balance between the assumption that a fair and open trial requires litigants to have full access to documents referred to at trial, and the need to protect confidential commercial information.

Anya Park, Nick Hoffman,
Nicola Roberts, William Peake