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

Notice requirement dispensed with in urgent Thomas Cook liquidation

On 23 September 2019, the English High Court, sitting at the unprecedented time of 1 a.m., made orders immediately winding up the Thomas Cook travel group. In a high profile decision which will be of interest to Cayman insolvency practitioners, the English High Court were asked by the applicants (the directors of the company) to make urgent orders to place the group into liquidation and to dispense with the normal requirement of publishing notices regarding the application.

Paul Madden, Conal Keane

The Judicial Review 'Filter' and need for Open Justice

In a recent unreported decision (FSD No. 30 of 2019), Justice Kawaley explored the important issues of the ‘filter’ deployed by the judiciary in judicial review applications and the concept of ‘open justice’, i.e. the general need for justice to be conducted in public unless exceptional circumstances apply.

Conal Keane, Katie Pearson,
Phillip Kite, Julie Engwirda

Appointment of Mr Gerhard Wallbank

Harneys welcomes the announcement earlier this week from the Judicial and Legal Services Commission that Mr Gerhard Wallbank has been appointed to act as High Court Judge of the BVI Commercial Court for a period of three years with effect from 14 October 2019.

Sarah Thompson, Andrew Thorp

Singapore Zetta Decision: Recognition of US Ch 7 Proceedings and a Debate on COMI

In the first reported decision of its kind in Singapore, the High Court of Singapore has recognised a US Chapter 7 Trustee and US Chapter 7 bankruptcy proceedings as a foreign main proceeding. The decision also provides guidance in Singapore on the relevant date on which the assessment of the debtor’s COMI should take place under the UNCITRAL Model Law on Cross-Border Insolvency, as well as other factors that the Singapore court will consider in determining a company’s COMI.

Andrew Thorp, Chai Ridgers,
Lorinda Peasland

BVI Court re-charged to enforce

On 19 February 2019, in Commercial Bank of Dubai v Abdalla Juma Majid Al-Sari & Ors, Justice Adderley confirmed that the BVI Court has the power to grant charging orders over shares in a BVI company.

Peter Ferrer, Aleisha Brown,
Vicky Lord, Romane Duncan

Misplaced Trust – What happens when your trustee goes AWOL?

In the recent case of Takashi Hongo v Peak Legend Limited and Others, Harneys acted for the successful Applicant in the increasingly commonplace but frustrating situation where the beneficiary of a revocable bare trust is unable to obtain execution of the trust due to an uncooperative or defunct corporate nominee.

Sarah Thompson, Jonathan Addo,
Ian Mann, Phillip Kite