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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Indemnity costs follow abusive application to defer company’s dissolution: In re Skye Assets Fund SPC (in voluntary liquidation)
The Cayman Islands Grand Court has awarded indemnity costs in respect of an abusive application for the deferral of a company’s dissolution upon the completion of its voluntary liquidation: In re Skye Assets Fund SPC (in Voluntary Liquidation).
20 Mar 2025
Director Stand-off: Does a director have standing to bring proceedings alleging a breach of company’s articles?
In the recent Hong Kong case of Chen Ming v Chen Jiagan, the Court dismissed a director’s claim that a resolution of the board removing him as chairman of a Company was in breach of the Company’s articles. This decision confirms the well-established principle that a director is not a party to the articles of a company and has no locus to complain about its breach.
03 Mar 2025
Directors’ duties re zone of insolvency
It is important to note that even though the board of directors of a fund ordinarily delegate responsibility to manage the fund’s investments to investment managers, the board of directors cannot absolve themselves of responsibility entirely and remain under a duty, in any event, to supervise delegates (such as the investment manager).
01 Feb 2024
Company and its directors have no leg to stand on in latest Privy Council ruling concerning claims against a company receiver
In a recent Privy Council decision in Arjoon v Daniel [2023] UKPC 42, on appeal from the Court of Appeal …
22 Dec 2023