Offshore Litigation Blog

In a recent matter our firm obtained Norwich Pharmacal relief against a centralised digital asset exchange, marking an important first step in the effort to recover misappropriated digital assets. While the Grand Court did not issue a formal judgment, it made several noteworthy observations that may influence the future handling of similar cases.

In the High Court, Lifestyle Equities, (Lifestyle) successfully claimed that Hornby had infringed their trademarks. Lifestyle also successfully sued the Ahmeds personally, alleging they were jointly liable by sharing a common design with Hornby. Trademark infringement uses strict liability, which meant that there was no need for Lifestyle to prove that the Ahmeds knew of or intended the infringement.

In the recent decision of CF v DLG, the BVI Commercial Court held that a two-step process is to be preferred over the use of “wrap up orders” in Norwich Pharmacal proceedings. The applicant, a judgment creditor, sought Norwich Pharmacal relief against registered agency service providers to the judgment debtor, for information to assist with considering its enforcement options.

The Cyprus legal system has been subject to recent reforms which seek to streamline its processes and offer efficient recourse to the courts in dispute resolution.

In a significant ruling, His Honour Justice Johns KC determined that when calculating equitable compensation, proprietary claims and recoveries made from third parties should be taken into account.

BVI, Cayman Islands or Bermuda companies listed or with underlying operations in mainland China or Hong Kong can now take advantage of an improved regime for the reciprocal enforcement of judgments between the two …

The Supreme Court has dismissed a claim of knowing receipt brought by Saad Investments Co Ltd (Saad) against a Saudi-Arabian bank (the Bank), and in doing so, provided welcome elucidation of certain elements of the cause of action: Byers v Saudi National Bank [2023] UKSC 51.

In a recent decision the English High Court discharged a proprietary injunction that enjoined Binance from dealing with the proceeds of a scam. In doing so, the court warned against assuming that cryptocurrency exchanges act as constructive trustees of misappropriated digital assets.

The English Court of Appeal has in the recent judgment of Investment Bank PSC v El-Husseini examined the purpose and scope of section 423 of the Insolvency Act (the IA), which deals with transactions defrauding creditors.