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

Recognition of foreign “light touch” provisional liquidations affirmed once again by the Hong Kong Court

The recent judgment of Mr Justice Harris in In Re China Oil Gangran Energy Group Holdings Limited (In Provisional Liquidation) recognising the appointment of “light touch” provisional liquidators in the Cayman Islands, is the latest in the growing body of Hong Kong jurisprudence confirming the willingness of the Hong Kong Court to recognise the appointment of foreign provisional liquidators for restructuring purposes, despite the fact that Hong Kong has no legislation that provides for such a restructuring.

Charles Wong, Chai Ridgers,
Andrew Thorp, Jayson Wood

Access to data: A beneficiary’s privilege

In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

Ian Mann, William Peake,
Nicola Roberts, Jessica Williams,
Lucy Hickmet

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

In A v B the English Court set aside the Court’s order enforcing an arbitration award on the grounds that the full award debt was not currently outstanding. The Court did not dismiss the application to enforce finding that the factual dispute about whether the debt was due and payable could be dealt with at a further hearing under s66 of the Arbitration Act 1996.

Paula Gibbs, Peter Ferrer,
Julie Engwirda, William Peake

Norwich Pharmacal Relief - A Good Arguable Case v Reasonable Suspicion of Wrongdoing

In the recent decision of Burford Capital v London Stock Exchange Group, the English High Court considered the test for the grant of Norwich Pharmacal relief. In dismissing the application, the Court considered the underlying case and found that the claimant did not make out a “good arguable case” that it was the victim of any actionable wrongdoing.

Richard Parchment, Stuart Cullen,
Peter Ferrer, Paula Kay,
Phillip Kite

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