Offshore Litigation Blog

A long-standing question in offshore trust practice concerns the role of the protector and the nature of their power.

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 Judicial and Legal Services Commission announced on 27 May 2024 new Judicial appointments to the Eastern Caribbean Supreme Court which take effect from 1 September 2024.

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 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”.

The Judicial Committee of the Privy Council (the JCPC) sat in the Cayman Islands from 15-18 November 2022 to hear three separate appeals. The JCPC, normally based in London, is the final appellate court for many offshore jurisdictions, including the Cayman Islands. The sitting of the JCPC was a historic visit for the Cayman Islands and our local community was proud of the occasion.

In the recent Grand Court case of Jian Ying Ourgame High Growth Investment Fund (In Official Liquidation), Justice Doyle considered an application by Powerful Warrior Limited, a BVI company, that the learned judge ought to recuse himself. He acceded to that request.