Offshore Litigation

Blog

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
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

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

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

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

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

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

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

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

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

  • Partner
  • Cayman Islands

The importance of a robust sales process: sanction applications for the sale of company property under the Cayman Islands Companies Law

As a matter of Cayman Islands law, liquidators wishing to sell company property by way of public auction or private contract may only do so with the sanction of the Grand Court. Many such sanction applications are uncontested and may be suitable to be heard on the papers. Sanction applications are not, however, mere rubber stamping exercises. That is especially true where they are opposed.

James Eggleton, Jessica Williams,
Chai Ridgers, Jeremy Child,
Paul Smith

The Extended One-Stop-Shop (Fiona Trust) Principle

In the recent decision of Terre Neuve v Yewdale the English High Court considered applications by certain defendants challenging the Court’s jurisdiction to hear claims against them. The proceedings concerned the alleged misappropriation of a sum of €10.6 million paid by Terre Neuve to Yewdale and allegedly misapplied with the participation of the other defendants pursuant to a tax optimisation scheme.

Anya Park, Andrew Johnstone,
William Peake, Katie Pearson

The improper dilution of shareholders’ rights – the latest instalment in the Tianrui v China Shansui dispute

In the recent case of Tianrui (International) Holding Company Limited v China Shansui Cement Group Limited, the Grand Court gave judgment on the defendant’s applications to strike out a contributory’s winding up petition for abuse of process and an application to strike out a subsequent writ action by the petitioner.

Niall Dodd, Nick Hoffman,
Hazel-Ann Hannaway, Julie Engwirda,
Jeremy Child

Open borders, closed minds

In an arguably unnecessary but nonetheless welcome determination, the English High Court has ruled that the use of offshore structures does not of itself constitute a ground for believing that such structures were intended to be used or were being used for wrongful purposes and that there had to be some additional evidential basis for such a belief.

William George, Lorinda Peasland,
William Peake, Claire Goldstein