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
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Hazel-Ann Hannaway
Hazel-Ann Hannaway
  • Hazel-Ann Hannaway

  • Partner
  • British Virgin Islands
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

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

  • Partner
  • Hong Kong
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Ian Mann
Ian Mann
  • Ian Mann

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

  • Partner
  • London
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

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

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

  • Partner
  • Cayman Islands
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands

Access to data: A beneficiary’s privilege

In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

Ian Mann, William Peake,
Nicola Roberts, Jessica Williams,
Lucy Hickmet

Let me be frank: important principles for urgent injunctions and material non-disclosure clarified in the EC COA Paraskevaides decision

In our second blog regarding the landmark decision of the Court of Appeal in Paraskevaides, we consider the principles applicable to urgent applications for injunctive relief, including the ability to serve out applications prior to there being an underlying claim and the scope of an applicant’s duty to give full and frank disclosure.

Christopher Pease, Stuart Cullen,
Andrew Thorp, Julie Engwirda,
Jeremy Child

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 4)

The last of our blogs in relation to the CAA v R (Jet2.Com Limited) decision covers the Court of Appeal’s findings with respect to the following two issues: first, whether, when considering if emails and their attachments are subject to legal advice privilege, they ought to be reviewed as one composite communication, or as separate communications; and secondly, the principle of collateral waiver of privilege.

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 3)

In a wide ranging decision concerning the principles applicable to legal advice privilege, the Court of Appeal has provided helpful guidance on the approach to be taken when ascertaining the status (privileged or not) to communications between multiple parties where one of the senders or recipients is a lawyer (CAA v R (Jet2.Com Limited)).

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake

Court of Appeal delves deep into legal advice privilege: CAA v R (Jet2.Com Limited) - (Blog 2)

Legal advice privilege does not apply to material collected by a client (or by his lawyer on his behalf) from third parties or agents for the purposes of instructing lawyers to give advice. Where the relevant client is a corporation, documents or other materials between an employee and a co-employee, even if required to equip lawyers to advise, will not attract LAP unless the employee has been tasked with seeking and receiving legal advice on behalf of the corporation.

James Eggleton, Andrew Thorp,
Vicky Lord, William Peake