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
  • Hong Kong
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

Oops, they can read the redactions!

The UK Employment Appeals Tribunal (EAT) has made a finding of ‘cherry-picking’ and refused a claim for privilege over a redacted portion of a document when privilege had been waived over two other related documents which formed part of the same transaction. In the case of Kasango v Humanscale UK Ltd, it was common ground between the parties that a draft letter was not legally privileged but redacted parts of the letter were protected by legal advice privilege. The issue was whether the Respondent had waived privilege in the redacted parts of the letter by having disclosed two earlier draft letters which had also contained legal advice.

Gareth Murphy, Andrew Johnstone,
Jessica Williams, Andrew Thorp,
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

Scope of Disclosure Orders and Contempt of Court

In the recent decision of Donna Union Foundation v Svoboda Corporation, the BVI Court considered a contempt application seeking further disclosure by way of an unless order and whether cross-examination of the Respondents should be ordered to determine the issue of contempt.

Jacqueline Moody, Andrew Thorp,
Laura de Heer, Andrew Johnstone

English Court Calls Time on Forum Shopping

We have previously blogged about the decision of PJSC Commercial Bank Privatbank v Kolomoisky & others, in the context of the Claimant’s material non-disclosure. The judgment also raises important issues around jurisdiction and parties’ ability to litigate claims in jurisdictions without establishing the necessary jurisdictional nexus.

James Elliott, Nick Hoffman,
William Peake, Andrew Johnstone