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

“Light touch” provisional liquidators appointed across three jurisdictions in the restructuring of the Century Sunshine Group: the JIN guidelines in practice?

In the recent judgments of Mr Justice Parker in the Cayman Islands, Mr Chief Justice Hargun in Bermuda and Mr Justice Jack in the British Virgin Islands, “light touch” provisional liquidators were appointed across Century Sunshine Group Holdings Limited (the Company) and group companies. This is one of the first cases where provisional liquidators were appointed across three jurisdictions in a coordinated manner with the aim of enabling a holistic restructuring of the group. It will stand as an interesting case where the JIN guidelines can be implemented to enhance communications between Courts to facilitate a coordinated restructuring.

Charles Wong, Peter Ferrer,
Lorinda Peasland, Chai Ridgers,
Jayson Wood

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd: Compatibility between the adjudication process and the insolvency regime

This case highlights the compatibility between the adjudication regime for building disputes and insolvency set-off. Bresco and Lonsdale are electrical contractors; both claimed that they were owed money by the other. In 2016, Bresco entered into insolvent liquidation and Bresco’s liquidators sought to refer the company’s claim for £219,000 against Lonsdale in unpaid fees and damages for lost profits to adjudication.

Jolin Lin, Jonathan Addo,
Jessica Williams, Phillip Kite,
Vicky Lord

Grand Court provides jurisdictional guidance on section 92(c) of the Companies Law and its application to exempted limited partnerships

In the recent decision of Duet Real Estate Partners 1 LP the Grand Court wound up an exempted limited partnership (Fund) pursuant to section 92(c) of the Companies Law. This appears to be the first decision in the Cayman Islands which considers the application of section 92(c) (expiry of term) to exempted limited partnerships and which provides extensive jurisdictional guidance on section 92(c).

Katie Pearson, Anya Park,
William Peake, Julie Engwirda

Recognition of foreign “light touch” provisional liquidations affirmed once again by the Hong Kong Court

The recent judgment of Mr Justice Harris in In Re China Oil Gangran Energy Group Holdings Limited (In Provisional Liquidation) recognising the appointment of “light touch” provisional liquidators in the Cayman Islands, is the latest in the growing body of Hong Kong jurisprudence confirming the willingness of the Hong Kong Court to recognise the appointment of foreign provisional liquidators for restructuring purposes, despite the fact that Hong Kong has no legislation that provides for such a restructuring.

Charles Wong, Chai Ridgers,
Andrew Thorp, Jessica Williams