Offshore Litigation Blog

In the recent case of Chow v Tong [2024] HKCFI 2737, the Hong Kong Court of First Instance (the Court) provides helpful guidance on the interpretation and enforcement of exclusive jurisdiction clauses. This approach will have a bearing on the circumstances in which the Court will grant a stay of proceedings or find that the principle of forum non conveniens applies on the basis of arguments regarding jurisdiction. The ruling also reaffirms the long-held position regarding strangers to a trust, as well as the rights of beneficiaries to obtain trust documents.

It is well established that the main purpose of an asset disclosure order is to police a freezing injunction or, in other words, to ensure the continued effectiveness of the freezing order. In a recent decision concerning a summons for disclosure of information, the Cayman Islands Court provided a helpful summary on the applicable law that governs asset disclosure orders within the context of a worldwide freezing order, as well as the nature and justifiable extent to which disclosure of relevant assets can be sought.

Legal professional privilege between lawyer and client is sacrosanct and has been described as a fundamental human right. When can this fundamental right be curtailed?

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 recent decision of Re C-Retail Ltd, the English High Court ordered the disclosure of documents to assist a creditor to decide whether to support or oppose a Part 26A restructuring plan.

In the recent Hong Kong case of In the Matter of Sino Oil and Gas Holdings Ltd, Madam Justice Chan of the Hong Kong High Court handed down a judgment, refusing to sanction a scheme of arrangement that was approved at a scheme meeting held in December 2023.

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.

In a recent decision of the King’s Bench Division of England and Wales the Court set aside an order (O2) that extended time for compliance with an earlier disclosure order (O1). O2, having been endorsed with a pena…

The High Court of England & Wales recently considered the scope of disclosure required to be undertaken by a party in the case of The Federal Deposit Insurance Corporation v Barclays Bank Plc.