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
  • Shanghai
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

Overriding legal professional privilege - The iniquity exception

A decision of the English High Court released earlier this month deals with the important issue which arises when instructions and communications between a lawyer and their client are not protected by legal professional privilege if the lawyer is instructed for the purpose of furthering or concealing a crime, fraud or other iniquity, whether or not the lawyer is aware of the wrongful purpose – the so-called ‘iniquity exception’.

Conal Keane, Paul Madden,
Jonathan Addo, Phillip Kite,
Vicky Lord

Default judgments – Why a trial on the merits can be more beneficial

A decision of the English High Court released last week deals with the important issue of default judgments and specifically how enforcing a default judgment in other jurisdictions can be difficult if the judgment is not on the merits. The decision will be of interest to both offshore and onshore practitioners.

Conal Keane, Jessica Williams,
Nicola Roberts, Jeremy Child

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