The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
${totalItems} results
${customFilterHeading} Showing ${showingItems} of ${totalItems} results ${searchTerm}
${facet.Name} (${facet.TotalResults})
Not the Time or Place: Important considerations for proof of debt appeals
Justice Parker’s decision of In North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation. The judgment highlights a number of procedural and practical considerations for would-be appellants and their advisors alike.
10 Apr 2024
Proofs of debt: looking behind a default judgment
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators’ decision to reject the applicant’s proof of debt (POD) on the grounds that: (1) the liquidators were entitled to go behind the default judgment, which formed the basis of the POD, on the ground of a miscarriage of justice; and (2) the applicant had not discharged its burden of proving the loans underlying the default judgment were genuine debts owed by the company.
25 Mar 2024
Expanded jurisdiction for interim orders issued by Cyprus courts
The Cyprus legal system has been subject to recent reforms which seek to streamline its processes and offer efficient recourse to the courts in dispute resolution.
12 Mar 2024
Restructuring officer regime applies to segregated portfolios
In the recent decision of In the Matter of Holt Fund SPC, the Cayman Islands Grand Court confirmed for the first time that it has jurisdiction to wind up a segregated...
20 Feb 2024
The long road: Privy Council delivers final judgment in Primeo (in Liquidation) v Bank of Bermuda & HSBC
The Judicial Committee of the Privy Council (the Board) has unanimously adjudicated on the remaining issues...
16 Nov 2023
Effect of exclusive jurisdiction clauses in insolvency proceedings
In a much-anticipated decision, Hong Kong’s Court of Final Appeal has ruled on the effect of an exclusive jurisdiction clause on bankruptcy, and by extension winding up, petitions. The decision marks an important turning point in Hong Kong’s insolvency law and, potentially, the common law world beyond.
12 May 2023
Standing tall: BVI Commercial Court clarifies who can be heard on an application to appoint liquidators
The BVI Commercial Court has provided clarification on the scope of persons who can be heard when a liquidator's application is considered.
20 Apr 2023
Cayman court refuses adjournment application due to sanctions
In a recent case, In the Matter of Energicon Holdings (Caymans) (In Official Liquidation), the Grand Court of the Cayman Islands granted sanction for the sale of company assets and approved remuneration pursuant to an application by the company’s liquidators. In what would usually be a straightforward application, the issue of a sanctioned individual and the fundamental right of access to the Court was explored by Justice Kawaley.
07 Feb 2023
When two judgments are not better than one: BVI Court refuses to enforce Russian judgments at common law
On 26 October 2022, the BVI Commercial Court handed down its decision in Nokian Shina LLC v (1) Andrei Valerevich Smyshliaev and (2) Olga Borisovna Smyshliaeva, refusing to enforce two Russian judgments at common law.
03 Nov 2022