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

“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

English Court of Appeal defines the limits of a trustee’s indemnity

In a recent decision, the English Court of Appeal has provided helpful guidance on the limits of a trustee’s right to be indemnified out of the trust fund for their legal costs in litigation concerning the trust. The decision will be of interest to trustees in offshore jurisdictions, such as the BVI, where the statutory rules concerning a trustee’s right to indemnification are similar to those in England and Wales.

Christopher Pease, Claire Goldstein,
Nicola Roberts, Jessica Williams,
William Peake

Trustees relieved of high level duty to supervise

In its highly anticipated decision in Zhang Hong Li v DBS Bank, the Hong Kong Court of Final Appeal held that neither the trustee of the subject trust (DBS Trustee) nor the corporate director (DHJ Management) of the trust’s underlying company (Wise Lords) had a “high level supervisory duty” to monitor Wise Lord’s investment decisions. Further, the HKCFA held that there had not in any event been a breach of any such duty by DBS Trustee or DHJ Management.

Charles Moore, Aleisha Brown,
Jessica Williams, Nicola Roberts

Road map to Insolvent Trusts

The Royal Court of Jersey has released its much awaited ruling in the winding up of the Z III Trust. All creditors of the Z III Trust agreed to the winding up: the trust assets were insufficient to meet the claims against those assets, applying the cash flow test. The Royal Court therefore set out the procedure for the winding up of an insolvent trust.

Lucy Hickmet, Nicola Roberts,
Claire Goldstein, Jessica Williams