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
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
  • Hong Kong
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

New appellate guidance on the Duomatic principle

In the recent decision of Dickinson v NAL Realisations (released on 3 December 2019) the English Court of Appeal provided useful guidance on the Duomatic principle. The principle provides that where it can be shown that all shareholders who have a right to attend and vote at a general meeting of the company assent to some matter which a general meeting of the company could carry into effect, that assent is as binding as a resolution in general meeting would be.

Anya Park, Katie Pearson,
Julie Engwirda, Jeremy Child

Vneshprombank: A lavish lifestyle is no bar to exception

In the recent decision of Vneshprombank v Bedzhamov the English Court of Appeal (EWCA) provided guidance on the test for the “ordinary living expenses” exception to freezing injunctions.  Vneshprombank (VPB) obtained a pre-judgment freezing order against Mr Bedzhamov.  VPB alleged it was the victim of a substantial fraud committed by Mr Bedzhamov and his sister, and claimed losses in excess of £1.34 billion.

Anya Park, Nick Hoffman,
Julie Engwirda, Phillip Kite

Wenzhou Decision - The First Personal Bankruptcy Case in China?

In September 2019, a court in Wenzhou, Zhejiang province approved a settlement agreement among Mr Cai and his four creditors. Mr Cai was ordered previously by another court to be jointly and severally liable for debt of a bankrupt enterprise. The debt is more than 2,140,000 yuan (equivalent to US$305,710).

Vicky Lord, Chai Ridgers,
Paul Madden, Andrew Thorp,
Jeremy Child

Oops, they can read the redactions!

The UK Employment Appeals Tribunal (EAT) has made a finding of ‘cherry-picking’ and refused a claim for privilege over a redacted portion of a document when privilege had been waived over two other related documents which formed part of the same transaction. In the case of Kasango v Humanscale UK Ltd, it was common ground between the parties that a draft letter was not legally privileged but redacted parts of the letter were protected by legal advice privilege. The issue was whether the Respondent had waived privilege in the redacted parts of the letter by having disclosed two earlier draft letters which had also contained legal advice.

Gareth Murphy, Andrew Johnstone,
Jessica Williams, Andrew Thorp,
Phillip Kite