Offshore Litigation Blog

On 17 February 2025, the BVI Court recognised a Committee, appointed by the Hong Kong Court of First Instance, with responsibility over the financial affairs of a family member who lacks capacity and has movable assets in the BVI.

The English Court of Appeal’s decision in Khan v D’Aubigny is a must-read for litigators, tackling the perennial issue of valid service—whether under common law, contract, or statute. Though arising in a landlord-tenant context, the ruling offers guidance across all litigation, clarifying section 7 of the Interpretation Act 1978 (IA 1978), the common law presumption of service, and what qualifies as a “notice”.

In a recent decision of the Bermuda Court of Appeal, the judgment in Afiniti, Ltd. v Chishti offered a nuanced costs ruling following an appeal with mixed outcomes. The case provides valuable insights into the apportionment of costs in litigation where neither party emerges as a clear winner.

In the case of Canterbury Securities Ltd (In Official Liquidation) v Wincura, the Grand Court of the Cayman Islands addressed the issue of granting declaratory relief upon an application for default judgment.

The Commercial Court in England recently dismissed the Claimant bank's claim of a transaction to defraud creditors because the Bank had not properly pleaded the purpose for which it contended that the Defendant businessman had transferred assets to his family: Invest Bank PSC v El-Husseini.

The High Court in England has held that a defendant company may rely on public law defences in opposition to a petition seeking the winding up of the company on public interest grounds: The Commissioners for His Majesty’s Revenue and Customs v Purity Limited.

In a recent ruling at the intersection of cybersecurity, human rights, and sovereign immunity, the English Court of Appeal has determined that Bahrain cannot claim state immunity for remotely hacking the computers of pro-democracy activists in London, setting a precedent with implications far beyond espionage cases.

The Hong Kong Court of Appeal has reminded litigants of the perils of delay. In Dimitrov v Lau [2024] HKCA 1011, the Court struck out a dilatory party’s appeal, and provided a succinct reminder of the basis on which it may strike out a case for want of prosecution amounting to an abuse of process.

There will be a significant overhaul of the BVI court rules in July 2023.