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Offshore Litigation Blog

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Common sense and common law: Navigating the gap between breach and loss
The Court of Appeal of England and Wales has dismissed an appeal in Logix Aero Ireland Limited v Siam Aero Repair Company Limited, holding that the voluntary acts of fraudsters broke the chain of causation between an assumed breach of a confidentiality clause and the claimant’s loss.
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Statutory Hastings-Bass in the Cayman Islands: the Grand Court sets aside a deed of exclusion
In the recent decision of The Trustees v AB and Ors (Re the D Trust) the Cayman Grand Court granted relief under section 64A of the Trusts Act (2021 Revision) (the Act) to set aside a deed of exclusion (Deed of Exclusion) executed by previous trustees in reliance on erroneous UK tax advice.
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BVI Court of Appeal reaffirms high threshold for case management stays pending foreign proceedings
In the recent decision of Lim Yew Cheng v Guanghua SS Holdings Limited, the BVI Court of Appeal dismissed an appeal against a first instance refusal to stay BVI recognition and enforcement proceedings pending the outcome of litigation in Hong Kong.
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By your leave? Cayman experts (maybe) need not apply
In the recent decision of State House Trust v Friend Media Technology Systems the Jersey Royal Court allowed an appeal against the Master’s refusal to exclude an opinion from English counsel filed in support of a summary judgment application.
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Can you repeat that for me? The Grand Court’s approach to continuing the appointment of restructuring officers
The Grand Court of the Cayman Islands recently delivered its judgment in In the Matter of New Ruipeng Pet Group Inc, concerning the continuation of the appointment of restructuring officers (ROs) over New Ruipeng Pet Group Inc (the Company).
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Back from the dead: A creditor's guide to restoring struck-off BVI companies
The British Virgin Islands (BVI) has long occupied a pre-eminent position among the world's offshore jurisdictions for corporate formation.
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Battle ready: Cayman hands parties pre-action discovery tools
Litigants and prospective litigants are now armed with two new tools for discovery in the Cayman Islands, thanks to the newly-introduced Rule 7A of GCR Order 24.
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Restoration and liquidation as a “single composite judicial act” - No registered agents required
For a creditor to place a dissolved BVI company into insolvent liquidation, the creditor must first restore the company. Good news to all creditors – AS PNB Banka (in liquidation) v Registrar of Corporate Affairs now confirms that the appointment of a registered agent is not required as a precondition to restoration where the creditor seeks restoration solely for the purpose of placing a dissolved company immediately into insolvent liquidation.
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Uphold upheld: Winding-up petition dismissed despite governance failures
On 24 March 2026, Justice Segal handed down his long-awaited trial judgment in Laggner v Uphold, dismissing a petition to wind up a Cayman Islands digital money platform on just and equitable grounds. The Petition was filed on 14 June 2022. In the four years since, the matter has been before the Court on three interlocutory occasions, proceeded to a three-week trial, and culminated in a 349-page ruling.
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Generative AI in Litigation: Key guidance from the Irish Court of Appeal
The Irish Court of Appeal has issued its first guidance on the use of generative AI in litigation, following the case of Guerin v O’Doherty. This landmark decision highlights the responsibilities of both lawyers and self-represented litigants when using AI tools.
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Defanged: Curtailing company participation in winding up proceedings
In Re Fang Holdings Limited the Grand Court (Justice David Doyle) confirmed that a company cannot simply assert a right to participate in winding up proceedings brought by shareholders on just and equitable grounds. Without evidence of independent governance and a genuine separate and independent interest, the company was restricted to giving discovery alone.
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The Privy Council closes with a wide
A long-standing question in offshore trust practice concerns the role of the protector and the nature of their power.
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