Offshore Litigation

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Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Hazel-Ann Hannaway
Hazel-Ann Hannaway
  • Hazel-Ann Hannaway

  • Partner
  • British Virgin Islands
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands

Protection from predatory creditor actions in the BVI: the imposition of a “moratorium” in all but name

As reported in our Century Sunshine blog, Mr Justice Jack, in the BVI Commercial Court recently appointed joint provisional liquidators over four BVI companies on a “light touch” basis following the precedent set down in Constellation. The terms of the joint provisional liquidators’ appointment mean that they will supervise the ongoing management of the companies by the existing boards of directors and ensure that the companies work towards a “holistic” restructuring of the wider Group’s debts.

Christopher Pease, Charles Wong,
Chai Ridgers, Lorinda Peasland,
Peter Ferrer, Jayson Wood

“Light touch” provisional liquidators appointed across three jurisdictions in the restructuring of the Century Sunshine Group: the JIN guidelines in practice?

In the recent judgments of Mr Justice Parker in the Cayman Islands, Mr Chief Justice Hargun in Bermuda and Mr Justice Jack in the British Virgin Islands, “light touch” provisional liquidators were appointed across Century Sunshine Group Holdings Limited (the Company) and group companies. This is one of the first cases where provisional liquidators were appointed across three jurisdictions in a coordinated manner with the aim of enabling a holistic restructuring of the group. It will stand as an interesting case where the JIN guidelines can be implemented to enhance communications between Courts to facilitate a coordinated restructuring.

Charles Wong, Christopher Pease,
Peter Ferrer, Lorinda Peasland,
Chai Ridgers, Jayson Wood

UK Supreme brings the distorted principle of “reflective loss” back into focus

The UK Supreme Court has pruned back the weed like growth of the “reflective loss” principle in its long awaited judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31 delivered on 15 July 2020. The Supreme Court has clarified that the principle is much narrower than it appears from its incorrect application in earlier decisions, bringing certainty to the avenues available to aggrieved shareholders and creditors, including those in the Cayman Islands and British Virgin Islands.

Lachlan Greig, Anya Park,
Jonathan Addo, Henry Mander,
Paula Kay, Phillip Kite

Internal affairs: the New York Supreme Court applies Cayman Islands law on derivative actions

In a recent judgment in Matter of Renren, Inc. Derivative Litigation v 67X, the Supreme Court of New York rejected an application by the defendants to dismiss claims brought in New York by the minority shareholders of a Cayman Islands company on the basis that those minority shareholders lacked standing to bring the claims on the company’s behalf.

Lachlan Greig, Jessica Williams,
Nicola Roberts, Phillip Kite

Grand Court provides jurisdictional guidance on section 92(c) of the Companies Law and its application to exempted limited partnerships

In the recent decision of Duet Real Estate Partners 1 LP the Grand Court wound up an exempted limited partnership (Fund) pursuant to section 92(c) of the Companies Law. This appears to be the first decision in the Cayman Islands which considers the application of section 92(c) (expiry of term) to exempted limited partnerships and which provides extensive jurisdictional guidance on section 92(c).

Katie Pearson, Anya Park,
William Peake, Julie Engwirda