Offshore Litigation Blog

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.

The recent decision of the England and Wales Court of Appeal in King Crude Carriers SA & Ors v Ridgebury November LLC & Ors confirms the acceptance of the “Mackay v Dick” principle as a matter of English Law.

On 6 February 2024, the Governor of Bermuda, Ms Rena Lalgie, announced the appointment of Mr Larry Mussenden as the next Chief Justice of the Supreme Court of Bermuda. Mr Justice Mussenden has officially commenced his role on 8 February 2024.

In the recent decision of Charles Peterson et al v Douglas Riegels et al the Eastern Caribbean Court of Appeal remind us of how high the bar is when an appellant seeks to impugn the exercise of discretion by a first instance judge.

By its recent decision in Sun Vessel Global Limited v (1) HQ Aviation Limited (2) Great Lakes Insurance (UK) SE [BVIHCMAP2022/0017] (9 January 2023) (unreported), the Court of Appeal has reaffirmed the Court’s ability to vary, or even reverse, its decision at any time before an order is perfected (ie sealed). The discretion was originally articulated by the English Court of Appeal in Re Barrell Enterprises [1973] 1 WLR 19 (CA) and has subsequently been referred to as the "Barrell jurisdiction".

In an important judgment on the recusal of a judge for apparent bias, Justice Doyle of the Grand Court of the Cayman Islands considered the attributes of the ”fair minded informed observer” and discussed the relevant authorities in In the Matter of Principal Investing Funds Ltd, Longview II Ltd and Global Fixed Income Fund Ltd, which reinforce what is known as the “precautionary principle”.

On 25 January 2023, the UK Supreme Court handed down its decision in Barton and others v Morris and another in place of Gwyn Jones (deceased), recounting the key principles that underpin implied terms in contract law and unjust enrichment.

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.

Two recent Hong Kong liquidation cases applied for recognition and assistance in Mainland China under the Mutual Recognition and Assistance related to Insolvency Proceedings between the Courts of the People’s Republic of China and the Hong Kong SAR (the Cooperation Mechanism). Harneys reported on the unveiling of the Cooperation Mechanism on 14 May 2021.