Offshore Litigation Blog

It is an established principle of insolvency law that the passage of time does not prevent claims which were not statute-barred at the date of insolvency from being proved later during the insolvency, even though the limitation period has in the meantime expired. This principle derives from the English decision of General Rolling Stock.

In the long running litigation concerning The Port Fund (the Partnership), a Cayman Islands exempted limited partnership, the Cayman Grand Court recently clarified the principles concerning applications for approval of court appointed receivers’ remuneration and expenses in the absence of any formal rules or process.

In the High Court, Lifestyle Equities, (Lifestyle) successfully claimed that Hornby had infringed their trademarks. Lifestyle also successfully sued the Ahmeds personally, alleging they were jointly liable by sharing a common design with Hornby. Trademark infringement uses strict liability, which meant that there was no need for Lifestyle to prove that the Ahmeds knew of or intended the infringement.

In the recent decision of In the Matter of Bo Run SPC, the Grand Court of the Cayman Islands considered whether it was permissible to file a composite petition to appoint receivers to a number of segregated portfolios within a single segregated portfolio company as opposed to filing separate petitions for each segregated portfolio.

In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application in Hong Kong to appoi…

On 24 Mar 2021, the Court of Appeal handed down judgment in Mitsuji Konoshita and A.P.F. Group Co Ltd v JTrust Asia Pte Ltd (BVIHCMAP 2020/0017), leaving helpful guidance on discharging freezing and receivership orders from material changes in circumstances.

In the recent Grand Court case of Re Obelisk Global Fund SPC, Justice Parker has considered, for the first time, the correct insolvency test to be applied for the court appointment of a receiver over a segregated portfolio.

In a recent decision of the Grand Court of the Cayman Islands (Re ICG I), Justice Doyle dismissed an application by a contributory for the appointment of joint provisional liquidators (JPLs) pursuant to section 104(2) of the Companies Act.

In the recent decision of Lam & CP Global v Tor Asia Master Fund & Ors, the Grand Court of the Cayman Islands ruled on the issue of costs following the discontinuance of proceedings.