Offshore Litigation Blog

In a recent decision involving the China Evergrande Group, the Hong Kong Court of First Instance reaffirmed the policing provisions of disclosure orders under Mareva/freezing injunctions.

In the recent decision of In the Matter of Position Mobile Ltd SEZC, the Cayman Islands Grand Court has thoroughly reviewed the legal test as to whether the documents of a subsidiary are within the “power” of its parent company in the context of a specific discovery application in winding-up proceedings. The decision also serves as a helpful reminder on the importance of formulating specific discovery applications with precision and full particulars.

In the recent Cayman decision of L.R. Capital China Growth II Company Limited (LR Capital) v International Corporation Services Ltd (ICS) , Justice Asif refused preservation orders and sealing and gagging orders sought by the Plaintiffs in support of an intended Norwich Pharmacal application.

Two recent decisions illustrate the caution parties should exercise before taking steps that may fall outside the protection afforded by the rules of privilege: (1) a recent English High Court decision – Mornington 2000 LLP (t/a Sterilab Services) and another company v Secretary of State for Health and Social Care [2025] EWHC 540 (TCC); and (2) a recent decision from the Supreme Court of Bermuda – Moir v Andrew [2025] SC (Bda) 28 Civ (11 March 2025)(Bermuda).

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.

In the recent case of Chow v Tong [2024] HKCFI 2737, the Hong Kong Court of First Instance (the Court) provides helpful guidance on the interpretation and enforcement of exclusive jurisdiction clauses. This approach will have a bearing on the circumstances in which the Court will grant a stay of proceedings or find that the principle of forum non conveniens applies on the basis of arguments regarding jurisdiction. The ruling also reaffirms the long-held position regarding strangers to a trust, as well as the rights of beneficiaries to obtain trust documents.

It is well established that the main purpose of an asset disclosure order is to police a freezing injunction or, in other words, to ensure the continued effectiveness of the freezing order. In a recent decision concerning a summons for disclosure of information, the Cayman Islands Court provided a helpful summary on the applicable law that governs asset disclosure orders within the context of a worldwide freezing order, as well as the nature and justifiable extent to which disclosure of relevant assets can be sought.

Legal professional privilege between lawyer and client is sacrosanct and has been described as a fundamental human right. When can this fundamental right be curtailed?

In a recent matter our firm obtained Norwich Pharmacal relief against a centralised digital asset exchange, marking an important first step in the effort to recover misappropriated digital assets. While the Grand Court did not issue a formal judgment, it made several noteworthy observations that may influence the future handling of similar cases.

In the recent decision of Re C-Retail Ltd, the English High Court ordered the disclosure of documents to assist a creditor to decide whether to support or oppose a Part 26A restructuring plan.

In the recent Hong Kong case of In the Matter of Sino Oil and Gas Holdings Ltd, Madam Justice Chan of the Hong Kong High Court handed down a judgment, refusing to sanction a scheme of arrangement that was approved at a scheme meeting held in December 2023.

In the recent decision of CF v DLG, the BVI Commercial Court held that a two-step process is to be preferred over the use of “wrap up orders” in Norwich Pharmacal proceedings. The applicant, a judgment creditor, sought Norwich Pharmacal relief against registered agency service providers to the judgment debtor, for information to assist with considering its enforcement options.