Offshore Litigation

Blog

Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands

Unjust Enrichment and Implied Terms - Barton v Gwyn-Jones

In a recent judgment concerning contractual construction, unjust enrichment and the implication of terms, the Court of Appeal of England and Wales held that an oral agreement for the payment of an introductory fee upon the sale of a property at a specified price would not operate so as to disentitle the introducer from any fee whatsoever upon the sale of that property for a lesser price.

James Eggleton, Claire Goldstein,
William Peake, Andrew Johnstone

“I would have acted lawfully, had I not acted unlawfully” – a means to escape equitable compensation?

In Auden McKenzie (Pharma Division) Ltd v Patel [2019] EWCA Civ 2291, the English Court of Appeal considered an important issue regarding equitable compensation: whether a defaulting trustee or other fiduciary can resist a claim for compensation for loss caused by his default on the basis that had he not done what he did improperly, he would have achieved the same result properly, so that the position of the trust or other person to whom fiduciary duties were owed, would have been the same.

Laura de Heer, Christopher Pease,
Christopher Russell, Nicola Roberts

Delaware Courts lean towards market-based valuation approaches

In Delaware, like in the Cayman Islands, shareholders have the right to dissent from a merger and demand “fair value” for their shares as determined by the Court.  A string of decisions from the Delaware Courts in the latter part of 2019 suggest a shift away from DCF towards market-based valuation approaches in appraisal proceedings.

Anya Park, Nick Hoffman,
Paul Madden, Vicky Lord