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

BVI Commercial Court applies Chabra relief liberally in the wake of Broad Idea (No.2)

In Great Panorama International Ltd v Qin Hui & Ors, the BVI Court continued a freezing injunction made against BVI non-cause of action defendants associated with a foreign judgment debtor. In doing so the Court issued a judgment covering a wide-range of issues that will be of interest to those seeking to enforce debts against and preserve the assets of BVI companies. In this blog we consider the court’s pronouncements regarding its jurisdiction to grant Chabra relief and the extent of the applicant’s duty to give full and frank disclosure. In the sequel to this blog we will consider the Court’s treatment of findings made by another court that was relied upon as evidence and the Court’s response to an attempt to introduce evidence post order/judgment.

Romane Duncan, Christopher Pease,
Hazel-Ann Hannaway, Paula Kay,
Phillip Kite

Harneys litigation podcast “Take 10” Season two – Episode four: Reflective loss rule - paired back for the modern age

In the fourth episode of this season’s Offshore Litigation Take 10 podcast, Ian Mann is joined by guest speaker Victor Joffe QC of Temple Chambers to discuss the UK Supreme Court case of Sevilleja v Marex Financial Ltd [2020] UKSC 31, a case that looked at whether the rule against reflective loss prevented creditors of a company from claiming directly against a third party for asset-stripping the company.

Victor Joffe QC, Ian Mann

UK Supreme Court brings the distorted principle of “reflective loss” back into focus

The UK Supreme Court has pruned back the weed like growth of the “reflective loss” principle in its long awaited judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31 delivered on 15 July 2020. The Supreme Court has clarified that the principle is much narrower than it appears from its incorrect application in earlier decisions, bringing certainty to the avenues available to aggrieved shareholders and creditors, including those in the Cayman Islands and British Virgin Islands.

Lachlan Greig, Anya Park,
Jonathan Addo, Henry Mander,
Paula Kay, Phillip Kite

Internal affairs: the New York Supreme Court applies Cayman Islands law on derivative actions

In a recent judgment in Matter of Renren, Inc. Derivative Litigation v 67X, the Supreme Court of New York rejected an application by the defendants to dismiss claims brought in New York by the minority shareholders of a Cayman Islands company on the basis that those minority shareholders lacked standing to bring the claims on the company’s behalf.

Lachlan Greig, Jessica Williams,
Nicola Roberts, Phillip Kite