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.
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The BVI Court dismisses Alfa Bank’s second injunction application: No second bite at the cherry
On 29 February 2024, the BVI Commercial Court handed down its much-anticipated decision in Joint Stock Company “Alfa-Bank” v Kipford Ventures Limited discharging the sanctioned Bank’s second application for an interim injunction against Kipford (the Second Injunction Application) and stayed its claim pending further order.
11 Mar 2024
Splitting the costs: The BVI Court retains a discretion to order costs at the end of the liability phase of a split trial
On 17 January 2024, the Eastern Caribbean Court of Appeal handed down its decision in Lau Man Sang, James…
05 Feb 2024
Grand Court reiterates pro-creditor approach to interim payments on account of costs
We recently wrote about two Grand Court decisions that confirmed the governing principles on interim payments. The two cases considered demonstrate that the Cayman Islands court has a pro-creditor approach to interim …
25 Aug 2023
A fanciful risk? English court disagrees with Jersey court on former trustee retaining trust assets against risks of future liability
In the recent English High Court decision of Perez v Equiom Trust Corporation (UK) Ltd and Equiom Trust (South Dakota) LLC [2022], the claimant revoked an English law governed trust of which the defendants were the trustees, and sought declarations that the revocation was valid, and that the defendants held trust assets on bare trust for the claimant and at her direction.
14 Mar 2023
“Mark of disapproval” - Justice Parker provides a refresher on indemnity costs
Two recent decisions of Justice Parker provide useful analysis on the exercise by the Grand Court of its discretion to order costs on an indemnity basis.
13 Feb 2023
Restriction from enforcement only in limited circumstances
In the recent decision of Hangzhou Jiudang Asset Management Co Ltd & Anor v Kei [2022] EWHC 3265 (Comm), the English High Court has clarified the circumstances in which a foreign judgment may be restricted from enforcement.
12 Jan 2023
Bearing witness: Convenience of witnesses a core factor in forum challenges
In the recent case of Oscar Trustee Limited v MBS Software Solutions Limited, the Eastern Caribbean Court of Appeal upheld the decision of the Commercial Court and reaffirmed that the convenience of witnesses including their availability and location remains not simply a relevant but in fact a core factor in forum non conveniens applications.
22 Aug 2022
Court of Appeal confirms that only fees incurred by BVI enrolled legal practitioners are recoverable
In Yao Juan v Kwok Kin Kwok and Crown Treasure Group Limited, the Court of Appeal handed down another seminal decision on costs’ recovery agreeing with the Appellant that costs incurred by lawyers not admitted to practice in the BVI are not recoverable.
23 Jul 2021
When will a director or shareholder of an insolvent company be held personally liable for costs liabilities incurred by the company in unsuccessful litigation?
The English Court of Appeal, in an important decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ithracat ve Sanayi AS v Aytacli (2021) EWCA Civ 1037 of 13 July 2021 which will be relevant to other jurisdictions with a regime for imposing liability for litigation costs on non-parties to the litigation (third party costs orders), has identified the guidelines in considering whether such an order should be made against directors (or shareholders) of an insolvent company.
16 Jul 2021