The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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What law governs a silent contract? The Cayman approach to contractual claims
When a contract lacks an express choice of governing law, determining the applicable legal framework can feel like navigating uncharted waters. Case law underscores the need to carefully map the differing approaches across common law jurisdictions. This first blog in a two-part series examines governing law in contractual claims.
29 Oct 2024
Is a nod and a wink enough?
The BVI court recently handed down its judgment in Strong Fort Global v Solar Achiever Limited, Concept Pioneer Limited and Harkom Corporate Services. This matter revolved around the central issue of whether an al…
04 Jan 2024
Hop to it! How quickly can I terminate my informal contract?
In the recent decision of Anheuser-Busch International Inc. et al. v Commonwealth Brewery Ltd, the Bahamas Court of Appeal held that a three-to-six-month range was reasonable notice for termination of an informa…
12 Dec 2023
Thou Shalt Not Compete! Restrictive Covenants Under the Spotlight
The extent and fairness of restrictive covenants in employment contracts came under the spotlight in the UK Supreme Court’s much-anticipated recent decision in Tillman (Respondent) v Egon Zehnder Ltd (Appellant) - the first case of its nature to reach Supreme Court level in England for more than a 100 years.
16 Jul 2019
"Blind eye knowledge is still a form of knowledge; ignorance, however surprising, is, if genuine, not"
So said Martin Griffiths QC (sitting as Deputy High Court Judge) in the recent case of The Beans Group Limited v MyUniDays Limited, in which the English High Court has revisited the tort of inducement of breach of contract.
15 Apr 2019
"The Foundation of Justice is Good Faith" - Cicero
English common law (which is routinely adopted by the Cayman Islands and BVI courts) has long refused to imply terms into a contract that the parties have not themselves expressly stipulated, save where the term is necessary to make the contract work, or so obvious as not to require express stipulation.
29 Mar 2019