Offshore Litigation Blog

In the recent decision of Unicorn Biotech Ventures One Ltd v Unicorn Biotech Ventures Two Ltd the Grand Court has for the first time considered the issue of whether it has jurisdiction to compel parties to participate in alternative dispute resolution (ADR) against their wishes, and if so, what factors should be taken into account.

It’s a familiar dilemma: a debt remains unpaid under a contract and the creditor wishes to pursue payment of the debt.

In a landmark decision of the Supreme Court of Bermuda (‘Court’), Harneys and the joint provisional liquidators (‘JPLs’) of a Bermuda company (the ‘Company’) successfully argued that the Court’s power to summon officers of a company in liquidation or provisional liquidation before it for a private examination and delivery up of books and records under the Companies Act, 1981 (‘Companies Act’) has extra-territorial effect.

Harneys successfully opposed a claimant’s application seeking the Court’s leave to testify via videoconference during civil proceedings, before the District Court of Limassol, due to alleged health issues that prevented the claimant from travelling to Cyprus to testify.

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.

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 Hong Kong Court of Appeal has reminded litigants of the perils of delay. In Dimitrov v Lau [2024] HKCA 1011, the Court struck out a dilatory party’s appeal, and provided a succinct reminder of the basis on which it may strike out a case for want of prosecution amounting to an abuse of process.

The recent decision of the England and Wales Court of Appeal in King Crude Carriers SA & Ors v Ridgebury November LLC & Ors confirms the acceptance of the “Mackay v Dick” principle as a matter of English Law.

On 6 February 2024, the Governor of Bermuda, Ms Rena Lalgie, announced the appointment of Mr Larry Mussenden as the next Chief Justice of the Supreme Court of Bermuda. Mr Justice Mussenden has officially commenced his role on 8 February 2024.

In the recent decision of Charles Peterson et al v Douglas Riegels et al the Eastern Caribbean Court of Appeal remind us of how high the bar is when an appellant seeks to impugn the exercise of discretion by a first instance judge.

By its recent decision in Sun Vessel Global Limited v (1) HQ Aviation Limited (2) Great Lakes Insurance (UK) SE [BVIHCMAP2022/0017] (9 January 2023) (unreported), the Court of Appeal has reaffirmed the Court’s ability to vary, or even reverse, its decision at any time before an order is perfected (ie sealed). The discretion was originally articulated by the English Court of Appeal in Re Barrell Enterprises [1973] 1 WLR 19 (CA) and has subsequently been referred to as the "Barrell jurisdiction".

In an important judgment on the recusal of a judge for apparent bias, Justice Doyle of the Grand Court of the Cayman Islands considered the attributes of the ”fair minded informed observer” and discussed the relevant authorities in In the Matter of Principal Investing Funds Ltd, Longview II Ltd and Global Fixed Income Fund Ltd, which reinforce what is known as the “precautionary principle”.