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
  • Hong Kong
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
James Noble
James Noble
  • James Noble

  • Partner
  • Singapore
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

Singapore Zetta Decision: Recognition of US Ch 7 Proceedings and a Debate on COMI

In the first reported decision of its kind in Singapore, the High Court of Singapore has recognised a US Chapter 7 Trustee and US Chapter 7 bankruptcy proceedings as a foreign main proceeding. The decision also provides guidance in Singapore on the relevant date on which the assessment of the debtor’s COMI should take place under the UNCITRAL Model Law on Cross-Border Insolvency, as well as other factors that the Singapore court will consider in determining a company’s COMI.

Catherine D'Alton, James Noble,
Andrew Thorp, Chai Ridgers,
Lorinda Peasland

US$2.6 billion freezing injunction discharged for material non-disclosure despite good arguable case of massive fraud

In the recent decision of the English Commercial Court in Privatbank v Kolomoiski and others, Mr Justice Fancourt has ruled that a US$2.6 billion worldwide freezing order obtained by a Ukrainian bank against two foreign-resident individuals and a number of English and BVI companies, in the context of a substantial alleged fraud, should be discharged.

Jonathan Addo, Richard Brown,
Phillip Kite

Stranger Danger: Injunction permitted against persons unknown

In the recent decision of Vastint Leeds BV (a company incorporated under the laws of the Netherlands) v Persons Unknown, the High Court in England has granted a final quia timet (since he fears) injunction against persons unknown preventing such individuals from entering or remaining on portions of land within the former Tetley brewery site in Leeds (the Site).

Andrew Thorp, Claire Goldstein,
Sarah Bolt, Phillip Kite

QC Corner: John Machell QC

It is nothing new for common law judges to have to grapple with the tension between the law’s default desire for open justice and the desire of beneficiaries of trusts for privacy. In cases where the court is exercising its supervisory jurisdiction and is not adjudicating upon the parties’ legal rights, the courts have often come down in favour of privacy.

Ian Mann