Offshore Litigation Blog

In the recent Hong Kong case of Chen Ming v Chen Jiagan, the Court dismissed a director’s claim that a resolution of the board removing him as chairman of a Company was in breach of the Company’s articles. This decision confirms the well-established principle that a director is not a party to the articles of a company and has no locus to complain about its breach.

The well-established Ralli Bros principle is an exception to the general rule that the enforceability of a contract governed by English law is determined without reference to illegality under foreign law. Under this principle, a contract shall not be enforced if the performance of it is unlawful in the place of performance. In the recent judgment of Litasco SA v Banque El Amana SA, the High Court of England clarified that ’unlawful’ does not cover breaches of foreign court orders.

It is common ground that Hong Kong is a major international arbitration hub in Asia, and its role will only become ever more important given the advantages in enforcing Hong Kong arbitral awards in Mainland China.

On 19 February 2025, the Supreme Court handed down judgment in El-Husseiny v Invest Bank PSC. The case concerned the interpretation of section 423 of the English Insolvency Act 1986 which provides remedies to creditors in circumstances where a debtor has taken steps to defeat or prejudice their claims by entering into a transaction at an undervalue.

The Cayman Islands Distinguished Guest Lecture for 2024, AI Transforming The Work of Lawyers and Judges, was given by the Rt Hon Sir Geoffrey Vos, Master of the Rolls. Sir Geoffrey’s lecture addressed the role of AI in the legal profession and explored AI’s potential to enhance judicial efficiency and access to justice, while emphasising the importance of responsible implementation.

On 17 February 2025, the BVI Court recognised a Committee, appointed by the Hong Kong Court of First Instance, with responsibility over the financial affairs of a family member who lacks capacity and has movable assets in the BVI.

In the recent case of SIA Investment Industry v Pardus Wealth Ltd, the English Commercial Court ruled on the appropriate sanction to be imposed on an individual respondent, who had been found guilty of contempt of court for failure to comply with several provisions of a freezing order.

Sir Anthony Smellie KCMG KC, former Chief Justice of the Cayman Islands, has received the prestigious honour of being appointed a Member of His Majesty’s Most Honourable Privy Council and a member of the Judicial Committee of the Privy Council.

The English Court of Appeal’s decision in Khan v D’Aubigny is a must-read for litigators, tackling the perennial issue of valid service—whether under common law, contract, or statute. Though arising in a landlord-tenant context, the ruling offers guidance across all litigation, clarifying section 7 of the Interpretation Act 1978 (IA 1978), the common law presumption of service, and what qualifies as a “notice”.