Offshore Litigation Blog

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 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.

In a recent decision of the King’s Bench Division of England and Wales the Court set aside an order (O2) that extended time for compliance with an earlier disclosure order (O1). O2, having been endorsed with a pena…

The High Court of England & Wales recently considered the scope of disclosure required to be undertaken by a party in the case of The Federal Deposit Insurance Corporation v Barclays Bank Plc.

The BVI Commercial Court has today (4 May 2022) handed down its judgment in ChainSwap v Persons Unknown.

By order made on 15 March 2022 in ChainSwap v Persons Unknown, the BVI Commercial Court has continued a worldwide freezing order against unknown hackers, who exploited the applicant’s software and used it to steal large quantities of cryptocurrency tokens from private users and projects.

In the long-running case of ArcelorMittal v Essar Global Fund Ltd & Anor the Grand Court has dismissed the Defendants’ application to set aside the Norwich Pharmacal order (NPO) made in 2019. The Defendants, having unsuccessfully challenged the NPO at first instance and on appeal, sought to set it aside on the grounds that subsequent commencement of a conspiracy claim in England and an avoidance action in New York, amounted to a material change of circumstance that rendered the NPO unnecessary.

In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

The Essar group has had a set-back in the continuing disclosure action by commercial rival, ArcelorMittal, in connection with an unpaid arbitral award now well in excess of US$1.5 billion.