William Peake

Harneys ranked in the GRR Top 30

A failure to provide full and frank disclosure can limit appeal rights

Restructuring culture needs to change – Hong Kong Court leads the way

Baby, baby, baby, you're out of time

With and (then) without: “cum-ex” trading scandal dismissed by English Commerical Court in landmark case for lack of jurisdiction

Bond restructuring – overcoming structural bond impediments to effect a compromise

Where there's a will, there may be a life time trust!

“Scanty in the extreme restructuring proposal” not recognized - Hong Kong Court re-casts common law recognition

AdActive Media v Ingrouille – Checking the fine print of your dispute resolution clause

Take 10 season three, episode two – The inner workings of the Privy Council

Scheme sanction and uncompromised creditors

Take 10 season three, episode one - From content to community: the evolution of the Offshore Litigation Blog

"Judgment laundering" doesn’t wash with the English Court of Appeal

SICL Liquidators’ claw-back claim rejected – important analysis of knowing receipt principles

Resulting trust declared over asset of related non-party

Abandoning the single joint expert

Negative declaratory relief: what is it and when may it be granted?

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

Cayman Court confirms Secured Creditors’ standing to Petition

Falling ceilings, lucky cards and the tricky issue of remoteness again

Grand Court provides jurisdictional guidance on section 92(c) of the Companies Law and its application to exempted limited partnerships

Long Live the Norwich Pharmacal!

Access to data: A beneficiary’s privilege

Stop right now - English Court sets aside order granting leave to enforce arbitration award under section 66 Arbitration Act 1996

‘Back-to-back’ redemptions in master-feeder fund structures: a cautionary tale

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

The seat has the power – English Court of Appeal provides guidance on law governing arbitration agreements and anti-suit injunctions

The Extended One-Stop-Shop (Fiona Trust) Principle

Last bite of the Tangerine? Fruitful Court of Appeal ruling for DMS

Open borders, closed minds

Trial by Zoom – a look at how Courts across common law jurisdictions are responding to the coronavirus

Chapter 15 recognition of Olinda BVI scheme signals success for Constellation restructuring

Salford Estates and the effect of an arbitration agreement on a winding-up petition: the debate rumbles on in new Hong Kong judgment

How far can a Lender go in the legitimate enforcement of its security?

Hong Kong Court’s first consideration of PRC law governed debt in sanctioning a scheme of arrangement: Gibbs Rule revisited

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

Cayman Islands restructuring of foreign-law governed debt: the Rule in Gibbs revisited

Lifting the stay on proceedings against Cayman Islands companies in liquidation

Harneys recognised for “best-in-class legal advice” – Chambers Global 2020

Recent developments in crypto-assets: Applying traditional asset recovery tools to Bitcoin

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 4)

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 3)

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 2)

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) (Blog 1)

Where should Ponzi scheme losses fall? Privy Council opts for certainty of legal rights

Legitimate commercial pressure to compromise or blackmail? How far can you go?

The perils of arbitration and variation clauses

Unjust Enrichment and Implied Terms - Barton v Gwyn-Jones

English Court of Appeal defines the limits of a trustee’s indemnity

Vigilantibus non dormientibus succurit lex – “The law helps those who are vigilant, not those who sleep”

Cayman Islands Court of Appeal clarifies construction of arbitration clauses

Further guidance on relief from sanctions

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

Balancing open justice and use of highly sensitive documents at trial

Subpoena Duces Tecum – Please bring your things

Covert recordings a fact of professional life

“Outstanding, user-friendly, practical” - Harneys London retains top tier ranking

Saad – the journey continues

Litigant anonymity and private proceedings in a world of open justice

Family partnership ends in tears

Public access to names of Cayman Islands company directors

English law governed debt reigns supreme

Weavering through unlawful preference provisions in the Cayman Islands

Primeo Appeal – Reflect on your claim for loss

Mareva Injunction Update: Thawing out 'A Freezer'

Tangerine Litigation update – Death knell sounded for action against management company and its director

The risks of rushing Injunction Applications

Applications in the Cayman Islands: Court tackles exceptional circumstances within the context of late evidence

High Bar in place to prove Unfair Prejudice

Drafting Commercial Contracts? "Then you should say what you mean"

Suspicious minds: Guidance on the test for dishonesty in dishonest assistance claims

“A knave does not escape liability because he is dealing with a fool”

"Blind eye knowledge is still a form of knowledge; ignorance, however surprising, is, if genuine, not"

What's the damage, Judge? Normal or Liquidated?

Discovery by mistake — what is an obvious mistake?

Without Prejudice rule shall not be broken easily

"The Foundation of Justice is Good Faith" - Cicero

"Experience is the name we give our mistakes" (Oscar Wilde)

English Court Calls Time on Forum Shopping

Cayman Islands Court of Appeal upholds Restraint Order granted at the request of the US Department of Justice

China CVS: Staying winding up proceedings in favour of arbitration

Comity of Errors?

Completing the Incomplete Bargain

China Branding: Flexibility in determining proof of debt appeals

Aristophanes of Byzantium would be rolling in his grave!

Down, but not out - so who picks up the tab?

Ticket Touts Get Legal Fleecing

Assumption of responsibility – the foundation of liability for careless misrepresentation

Is the Price Right? Receiver’s duties under the Spotlight

Get off (the register of members) – Grand Court adjudicates on Prince’s estate

Just how protective is the cloak of litigation privilege?

Illegality defense developments in UK and Cayman Islands

Frozen money can’t buy you love (in the CICA)

Norwich Pharmacal Relief and Confidentiality in the Cayman Islands – Streamlining the Process?

The Privilege of Multi-Jurisdictional Litigation

Harneys London ranked as top tier by UK directories

Tangerine Indemnity Litigation proves fruitful – The Cayman Islands Courts confirm meaningful protection for Fund Directors

INSOL World: A Cauldron of Fraud – AHAB v SICL & Ors

Cayman Court considers relevant ‘gateways’ for accessing a confidentiality order in relation to a non-contentious trust application

Industry Practice versus Articles of Association; Directors beware

Third Party access to documents in Saad Litigation – Court of Appeal clarifies mandatory principle of Open Justice in the Cayman Islands

Jurisdictional Issues in Massachusetts Derivative Action cured by Cayman Islands Court Nilon Fix

The Elizabethan approach to cross border insolvency and asset tracing

Special protection arguments “employed” in Zhaopin – Further guidance on standard directions in Cayman Appraisal Litigation

Appointing liquidators to a company in the BVI following an alleged loss of substratum

Offshore Law – Some procedural differences with England

A failure to declare conflicts of interest – a cautionary tale from the Bermuda Court of Appeal

What is working offshore really like? 10 Minutes with William Peake

AHAB v Saad – the importance of a particularised and principled tracing claim

129 days distilled into 1,348 pages (to be precise!) – facts and figures from the Saad litigation

Stand and Deliver! The Highwayman reconsidered as Harneys leads illegality defence in AHAB v Saad

Grand Court dismisses multi-billion dollar AHAB fraud claims in “one of the largest Ponzi Schemes in history”

Getting “Schooled” in Nord Anglia – Extra Safeguards for Companies Facing Appraisal Litigation in Cayman

Further Entrenchment of Pragmatism in the Supreme Court of Bermuda

Judicial Independence: A Welcome Clarification

Overstated NAVs still bind in liquidation: The Court of Appeal’s decision in the matter of Herald Fund SPC (In Official Liquidation)

Fishing expedition in the Cayman Islands

Cayman-appointed JPLs need Court order to deal with Hong Kong assets

Sherbrooke: A just and equitable wind up

Shareholder Activism Offshore: Q4 2017 activity leading to active 2018

Cayman Islands Court of Appeal – Receivers ‘sell’ away into the sunset!

Don’t Go Chasing [Distribution] Waterfalls

Payment of Liquidation Fees: Pacific Harbor Asia Fund I, Ltd.

Cayman Appraisal Litigation – Keeping your (E-)House In Order!

London High Court narrows service-out gateways

Cayman Islands: Worldwide freezing orders in aid of foreign claims for treble damages

Cayman companies listed in HK: choice of law shareholder disputes

Court of Appeal to determine whether interim payment regime applies to Cayman share valuation proceedings

Food for Thought: Should the Cayman Islands adopt a practice direction that would require contributories’ to state in their winding up petition whether they consent to a validation order?

New Cayman Islands Grand Court Practice Direction Aims to Prevent Premature Publication of Winding Up Petitions

"Management meetings" cannot be used in evidence - welcome clarity in fair value proceedings

Shareholder Dissent – One Expert Voice: Qunar Cayman Islands Limited

Lakatamia Shipping Co Ltd – enforcing an English judgment vs the Cayman Islands Bill of Rights

“The Path to Redemption is not always Smooth” – The Privy Council’s decision in Pearson v Primeo Fund [2017] UKPC 19

Food for thought: Should foreign office holders be able to rely upon Cayman Islands anti-avoidance provisions?