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
  • 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

Recent developments in crypto-assets: Applying traditional asset recovery tools to Bitcoin

In the recently released decision of AA v Persons unknown who demanded Bitcoin on 10th and 11th October 2019 and others [2019] EWHC 3556 (Comm), the English High Court granted an application by an insurer (the Applicant) for a proprietary injunction in respect of Bitcoin ransomed from its client (the Client).

Niall Dodd, Lachlan Greig,
William George, William Peake,
Paula Kay

Koshigi Limited and Svoboda Corporation v. Donna Union Foundation (BVIHCMAPP2018/0043 and 0050 of 17 January 2019)

On an appeal from the BVI, the Eastern Caribbean Court of Appeal handed down judgment in one of the first cases in the jurisdiction dealing with interim relief – in this case both an injunction and a receiver - in support of foreign arbitral proceedings. The receiver arguably represents the most powerful weapon in the armoury available for asset tracing in the British Virgin Islands. As BVI companies are often used as holding vehicles, using a receiver to take control of the corporate structure and move 'downstream' to the assets is a particularly potent strategy. Recent developments in case law have made this remedy more widely available.

Ian Mann, Paula Kay,
Peter Ferrer, Christopher Pease

Exercising voting rights is not “dealing with” frozen assets

In the recent decision of Palladyne v Upper Brook the Cayman Islands Court of Appeal (CICA) analysed the Sanctions Order which gives effect to the resolutions of the UNSC which required the freezing of Libyan state assets. Shares in three Cayman investment funds held by specified Libyan entities were frozen pursuant to the Sanctions Order. Article 10(1) prohibits dealing with a frozen asset. The CICA upheld the judgment of Segal J (see Harneys’ previous article on that decision).

Anya Park, Nick Hoffman,
Paula Kay, Phillip Kite

Vneshprombank: A lavish lifestyle is no bar to exception

In the recent decision of Vneshprombank v Bedzhamov the English Court of Appeal (EWCA) provided guidance on the test for the “ordinary living expenses” exception to freezing injunctions.  Vneshprombank (VPB) obtained a pre-judgment freezing order against Mr Bedzhamov.  VPB alleged it was the victim of a substantial fraud committed by Mr Bedzhamov and his sister, and claimed losses in excess of £1.34 billion.

Anya Park, Nick Hoffman,
Julie Engwirda, Phillip Kite