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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Landmark judgment on necessary formalities to become shareholder of a BVI company
In another major success for a Harneys team run out of its London office, Justice Mangatal’s judgment is the first to clarify the proper interpretation of s49 of the BVI Business Companies Act 2004 (BCA). The judgment resolves a longstanding question as to the necessary formalities for a person to become a shareholder in a BVI company.
06 Jun 2024
Pyrrhic defeat: a cautionary tale for ambushing ex parte applications
In the case of In the Matter of Orient TM Parent Ltd (Unrep, Grand Court, 27 July 2022), the Grand Court of the Cayman Islands dismissed with indemnity costs the petitioners’ application for the appointment of joint provisional liquidators (the JPLs) and alternative injunctive relief relating to the company’s assets.
04 Apr 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
Expanded jurisdiction for interim orders issued by Cyprus courts
The Cyprus legal system has been subject to recent reforms which seek to streamline its processes and offer efficient recourse to the courts in dispute resolution.
12 Mar 2024
Splitting the costs: The BVI Court retains a discretion to order costs at the end of the liability phase of a split trial
On 17 January 2024, the Eastern Caribbean Court of Appeal handed down its decision in Lau Man Sang, James…
05 Feb 2024
FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”
In a recent decision of the Privy Council in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding, on appeal from the Cayman Islands, the…
22 Sep 2023
Shareholders of a Cayman Islands company may enforce their right to wind up the company on just and equitable grounds notwithstanding ongoing related foreign proceedings
The recent Cayman Islands Grand Court decision in Re Youbi Capital (Cayman) GP has clarified the position regarding an application to strike out a winding up petition as an abuse of process where related proceedings are taking place in another jurisdiction.
25 May 2023
English Court of Appeal refuses an anti-suit injunction to restrain US discovery application
In Soriano v Forensic News LLC and Ors the English Court of Appeal has recently clarified the approach of the English courts to an application for an anti-suit injunction restraining a US 1782 application. A 1782 application is an application under Section 1782 of Title 28 of the United States Code by a litigant in non-US proceedings seeking to obtain discovery from a person who resides in the US for use in the non-US proceedings.
23 Mar 2023
Cayman court refuses adjournment application due to sanctions
In a recent case, In the Matter of Energicon Holdings (Caymans) (In Official Liquidation), the Grand Court of the Cayman Islands granted sanction for the sale of company assets and approved remuneration pursuant to an application by the company’s liquidators. In what would usually be a straightforward application, the issue of a sanctioned individual and the fundamental right of access to the Court was explored by Justice Kawaley.
07 Feb 2023