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

Salford Estates and the effect of an arbitration agreement on a winding-up petition: the debate rumbles on in new Hong Kong judgment

Since the 2014 English decision in Salford Estates (No. 2) Limited v Altomart Limited, there has been debate about how common law courts should approach winding-up petitions based on debts arising under contracts containing arbitration agreements. In the recent judgment of Re Asia Master Logistics Limited, the Hong Kong court has added a forceful new perspective to this debate.

Strachan Gray, Jayson Wood,
Claire Goldstein, William Peake,
Julie Engwirda

Hong Kong Court’s first consideration of PRC law governed debt in sanctioning a scheme of arrangement: Gibbs Rule revisited

Delivering the first known judgment of its kind, Mr. Justice Harris in In Re China Lumena New Materials Corp. considered sanctioning a scheme of arrangement where a significant part of the debt was not governed by Hong Kong law, thus raising the spectre of the Gibbs Rule once again. The written judgment followed hot on the heels of the ex tempore judgment of Justice Kawaley in the Grand Court when sanctioning its parallel scheme of arrangement in the Cayman Islands.

Charles Wong, Lorinda Peasland,
Jayson Wood, William Peake

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