Offshore Litigation Blog

In the recent case of Re UKCloud Ltd (In Liquidation), the English High Court examined whether the effect of a debenture granted by the Company gave the benefit of a fixed or floating charge over its internet protocol (IP) addresses. The distinction was important, impacting recoveries for the Company’s unsecured creditors.

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.

The increasing adoption of digital assets like cryptocurrencies has highlighted the need for clarity on how insolvency laws apply in this new sector.

Justice Parker’s decision of In North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation. The judgment highlights a number of procedural and practical considerations for would-be appellants and their advisors alike.

In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators’ decision to reject the applicant’s proof of debt (POD) on the grounds that: (1) the liquidators were entitled to go behind the default judgment, which formed the basis of the POD, on the ground of a miscarriage of justice; and (2) the applicant had not discharged its burden of proving the loans underlying the default judgment were genuine debts owed by the company.

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 the recent decision of In the Matter of Holt Fund SPC, the Cayman Islands Grand Court confirmed for the first time that it has jurisdiction to wind up a segregated...

The Judicial Committee of the Privy Council (the Board) has unanimously adjudicated on the remaining issues...

In a much-anticipated decision, Hong Kong’s Court of Final Appeal has ruled on the effect of an exclusive jurisdiction clause on bankruptcy, and by extension winding up, petitions. The decision marks an important turning point in Hong Kong’s insolvency law and, potentially, the common law world beyond.