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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No benefits from your own wrongdoing: Mackay v Dick principle confirmed by the EWCA
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.
10 Jul 2024
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Appointment of Mr Larry Mussenden as the Chief Justice of the Supreme Court of Bermuda
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.
13 Feb 2024
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Court of Appeal refuses to lift freezing injunction
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.
24 May 2023
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Staring down the Barrell – when can the Court change its mind?
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".
15 Mar 2023
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The “precautionary principle” – when it is better to be safe than sorry
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”.
20 Feb 2023
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Unjust enrichment cures no man’s bargain!
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.
14 Feb 2023
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Riding the waves of recognition
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.
13 May 2022
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With and (then) without: “cum-ex” trading scandal dismissed by English Commercial Court in landmark case for lack of jurisdiction
Mr Justice Baker has handed down judgment in Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration) and many others, dismissing the "massive" and "unprecedented" claim at the first opportunity.
03 May 2021
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Better late than never: BVI Commercial Court confirms a holistic approach to the introduction of new arguments in ongoing proceedings
In the decision of Sumitomo Mitsuitrust (UK) Ltd and others v Spectrum Galaxy Fund Ltd, Justice Jack granted the claimants permission to amend their statement of claim to include arguments not originally pleaded.
27 Apr 2021