The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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I’m Still Standing: New York court confirms BFAM may pursue Glory Health for US$200m in missed note payments
A recent decision the Supreme Court of the State of New York has determined that the beneficial owners of bonds have standing to bring claims against the bond issuer and guarantors.
28 Mar 2024
My other full-time job
Last month I was booked in as the “mystery reader” at my daughter’s school. I turned out to be the most mysterious of all parent readers: I forgot to turn up.
27 Mar 2024
Dutch Supreme Court denies major arbitration award - Sina HK emerges triumphant
In a decision made on 15 March 2024, the Dutch Supreme Court denied the reinstatement of a US$116 million Netherlands Arbitration Institute award to Dutch developer Geosolutions against Sina Hong Kong, an affiliate of Chinese social media platform Weibo.
27 Mar 2024
Birds fly across the wall: insufficient evidence to justify substituted service
In an earlier case of In the Matter of Orient TM Parent Ltd (Unrep, Grand Court, 27 July 2022), the Grand Court of Cayman Islands dismissed the application of the petitioners for substituted service of the winding up petition in the PRC, and was critical of the evidence filed in support, noting a distinct lack of it
26 Mar 2024
Proofs of debt: looking behind a default judgment
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators’ decision to reject the applicant’s proof of debt (POD) on the grounds that: (1) the liquidators were entitled to go behind the default judgment, which formed the basis of the POD, on the ground of a miscarriage of justice; and (2) the applicant had not discharged its burden of proving the loans underlying the default judgment were genuine debts owed by the company.
25 Mar 2024
How to preserve confidential information in BVI claims
We cover 11 key questions we’ve been asked on how to preserve confidential information in BVI claims. Find our top 11 questions here.
22 Mar 2024
Bedddoes, Anti-suits and Déjà vu
In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application in Hong Kong to appoi…
15 Mar 2024
Arbitrating trust affairs – Come for arbitration, stay for legal proceedings
The recent English case of Grosskopf v Grosskopf concerned an application by trustees for a stay of claims brought against them by a beneficiary. The beneficiary alleged misconduct by the trustees and sought the appointment of a judicial trustee pursuant to the Judicial Trustees Act 1896.
14 Mar 2024
How to get an injunction in the BVI
We cover 11 key questions we’ve been asked on how to get an injunction in the BVI. Find our top 11 questions here.
13 Mar 2024