Offshore Litigation

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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

Further guidance on relief from sanctions

By a recent judgment dated 18 November 2019, the High Court in England has provided useful clarification regarding relief from sanctions in the context of applications brought for extensions of time. In Maggistro-Contenta v O’Shea and Jury O’Shea LLP [2019] EWHC 3035 (Ch), the Claimant, Mrs Veline Hoie Maggistro-Contenta, accepted that, as a result of an error made by her solicitors, she failed to serve particulars of claim on defendant solicitors with the claim form, as required by the CPR, and did not do so until twenty one days later.

James Elliott, Paul Madden,
Julie Engwirda, William Peake

Cayman Islands Court of Appeal resolves judicial and academic conflict on restitutionary claims

In a recent decision of the Cayman Islands Court of Appeal delivered on 14 November 2019, the Court has resolved an important and long-standing debate over restitutionary claims. Specifically, the Court has given clarification on the question of how and by what means it determines the issue of restitution between a seller and a buyer, in circumstances where a contract is terminated by breach and repudiation of the contract by the buyer, who has been in possession of the subject matter of the sale and who has paid the seller instalments of the purchase price with interest, pending transfer of title at a later date.

James Elliott, Jayson Wood,
Paula Kay, Jeremy Child

Cayman Islands Grand Court revisits principles concerning indemnity costs and costs sanctions

As is the case in many offshore jurisdictions, the default position in the Cayman Islands is that costs follow the event: the successful party will, in the ordinary course, recover their reasonable costs from the unsuccessful party. There are exceptions to this general rule, including where an act or omission has been carried out improperly, unreasonably or negligently.

James Eggleton, Jessica Williams,
Julie Engwirda, William Peake

Liquidator liability to pay costs as a non-party to litigation

A recent decision of the English High Court considered whether a liquidator’s firm should be liable to pay costs as a non-party to the unsuccessful litigation pursued by the company in liquidation and the liquidator. The decision will be of interest to all Cayman Islands official liquidators, and particularly those who expend their own, and their firm’s, resources in asset-poor liquidations to get a recovery proceeding off the ground.

Lachlan Greig, Christopher Russell,
Vicky Lord, Phillip Kite

Balancing open justice and use of highly sensitive documents at trial

In the recent decision of Nord Anglia the Grand Court of the Caymans Islands considered how a highly sensitive document should be dealt with at trial. The decision is a useful reminder of the need to strike a balance between the assumption that a fair and open trial requires litigants to have full access to documents referred to at trial, and the need to protect confidential commercial information.

Anya Park, Nick Hoffman,
Nicola Roberts, William Peake