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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Get on with it: the perils of delay
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.
05 Nov 2024
Anytime, but not any place! The principles in Spiliada revisited
In the recent English case of Joyvio Group Ltd v Moreno, the Commercial Court granted a stay of English proceedings on the grounds of forum non conveniens.
04 Nov 2024
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
How to enforce security in the BVI - outside of court
We cover five key questions we’ve been asked on how to enforce security in the BVI - outside of court. Find our top five questions here.
06 Mar 2024
Post-scheme modification – an easy guide
In the recent decision of Moody Technology Holdings Ltd , the Hong Kong Court of First Instance (the “Hong Kong Court”) provides useful commentary on the jurisdiction to modify a scheme of arrangement after court …
29 Feb 2024
How the court system works in the BVI
We have created this guide to cover frequently asked questions on how the courts here in the British Virgin Islands operate.
07 Feb 2024
Major changes imminent for BVI court rules: Get ready for the Eastern Caribbean Supreme Court Civil Procedure Rules
There will be a significant overhaul of the BVI court rules in July 2023.
26 Apr 2023
Privy Council sits in the Cayman Islands
The Judicial Committee of the Privy Council (the JCPC) sat in the Cayman Islands from 15-18 November 2022 to hear three separate appeals. The JCPC, normally based in London, is the final appellate court for many offshore jurisdictions, including the Cayman Islands. The sitting of the JCPC was a historic visit for the Cayman Islands and our local community was proud of the occasion.
05 Dec 2022
The Judicial Face of the BVI Commercial Court for September 2019 to 2022
The BVI Commercial Court has strengthened its bench in the forthcoming legal year with the appointments of Justice Gerard Ferrara QC, Justice Adrian Jack and Justice Gerhard Wallbank.
19 Sep 2019