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 long running litigation concerning The Port Fund (the Partnership), a Cayman Islands exempted limited partnership, the Cayman Grand Court recently clarified the principles concerning applications for approval of court appointed receivers’ remuneration and expenses in the absence of any formal rules or process.

The Privy Council, overturning a decision of the Eastern Caribbean Supreme Court, has clarified the requirements for a claimant wishing to establish that a transaction was procured by undue influence.

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.

On 29 February 2024, the BVI Commercial Court handed down its much-anticipated decision in Joint Stock Company “Alfa-Bank” v Kipford Ventures Limited discharging the sanctioned Bank’s second application for an interim injunction against Kipford (the Second Injunction Application) and stayed its claim pending further order.

In the recent English decision of Shovlin v Careless and Ors, concerned the enforcement in the English High Court of a default judgment granted against defendant companies by a Superior Court of the State of California.

In the recent decision of Re SARE Public Company Limited, Petition 554/2017, 19/05/2023 the District Court of Nicosia, Cyprus issued an involuntary winding-up order against a Cyprus company on “just and equitable” …