Exploring Offshore Litigation
By Harneys
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Episodes: 60
Description
Exploring Offshore Litigation is a captivating podcast series containing audio of written blog content that dives deep into the intriguing world of offshore litigation, including the BVI and Cayman. Each episode sails through complex legal waters, bringing you up-to-date analysis of recent high-stakes cases and expert commentary from the leading minds in this specialised field.
Our episodes demystify legal jargon and break down complex cases to make them accessible to all.
Harneys, an international law firm with entrepreneurial thinking, brings each episode to you.
| Episode | Date |
|---|---|
|
Anchors away: BVI Court of Appeal rejects improper use of anchor defendants
Background
A high bar for appellate interference
The anchor must hold
Mere incorporation in the BVI is not sufficient
Failure to give full and frank disclosure
Key takeaways
|
Nov 03, 2026 |
|
A filter, not a formality: BVI derivative action leave after Dekel
Derivative action or unfair prejudice?
The leave requirement under section 184C of the BCA
A realistic prospect of success
Practical lessons
Comment
|
Oct 29, 2026 |
|
Disclosure and collateral use lessons for litigants
|
Oct 20, 2026 |
|
An expanded BVI Commercial Court: strengthening the infrastructure for international disputes
A Commercial Court built around international disputes
Why does this matter?
The expanded Court is only part of the story
What should clients take from the development?
|
Oct 09, 2026 |
|
Freezing orders, delay and proprietary injunctions: key lessons from Alliance Petrochemical v Mazzagatti
Background
The WWFO application
The applicable principles
The impact of delay
API's three new grounds: all rejected
The proprietary injunction
A BVI perspective
Freezing orders in the BVI
Practical takeaways for offshore litigators
|
Oct 02, 2026 |
|
When Irrevocable Becomes Revocable: Jersey Royal Court Blesses Reversal of Settlor Exclusion Following Abolition of the Non-Dom Regime
Background
The Article 47 variation
The B Trust
The Article 51 Blessing
Comment
|
Sep 23, 2026 |
|
Drelle overruled: what the Supreme Court's judgment means for BVI and Cayman insolvency
Summary of Supreme Court decision
BVI implications
Cayman Islands implications
Conclusion
|
Sep 17, 2026 |
|
Crypto-fraud, injunctions against persons unknown and the cost of Exchange non-cooperation
Facts
Freezing injunction
Disclosure
Costs
Conclusions
|
Sep 15, 2026 |
|
Denali v Manson and the intersection of sanctions law and insolvency
|
Sep 11, 2026 |
|
At your own risk: the Grand Court reaffirms the costs consequences of winding-up petitions on disputed debts
Point 1: Costs follow the event
Point 2: Foreign lawyers' fees, a point of general application
Point 3: Interest on costs
Comment
|
Sep 10, 2026 |
|
Director liability in offshore contracts: what Said v Butt still teaches us
The principle in Said v Butt [1920] 3 KB 497
When can personal liability arise?
Practical steps for offshore boards and in-house counsel
|
Sep 08, 2026 |
|
Foreign judgment enforcement in the BVI: what you need to know in 2026
Two routes to enforcement
A. Statutory registration under the Reciprocal Enforcement of Judgments Act
B. Common law enforcement for non-scheduled jurisdictions
Defences to enforcement
Interim relief in support of foreign proceedings
Enforcement of arbitral awards
Post-judgment enforcement tools
Practical considerations
Rapid response checklist
Conclusion
|
Sep 02, 2026 |
|
Estoppel explained: What the UK Supreme Court's latest decisions mean for offshore litigation
What is estoppel?
The narrow limits of issue estoppel
Practical guidance for offshore litigators
|
Aug 25, 2026 |
|
Oiling the wheels of commerce: a reminder of the requirements for sanctioning a scheme of arrangement in the Cayman Islands
|
Aug 21, 2026 |
|
Directors' duties: causation and loss in insolvent trading
|
Aug 14, 2026 |
|
Shares for a euro – English Court upholds the integrity of BVI corporate structures against asset stripping attempts
Background
The decision
Practical takeaways
|
Aug 05, 2026 |
|
BTC's on-chain fingerprint: implications on recovery strategy
Background
Tracing and service on the blockchain
Bitcoin: a "discrete and identifiable unit"
Judgment despite silence
Comment
|
Aug 03, 2026 |
|
An unwritten rule: The Guernsey Court of Appeal on informal trust declarations and the presumption of equality
|
Aug 03, 2026 |
|
Soprim Construction SARL v The Republic of Djibouti & others [2026] EWHC 1850 (Comm) - how a state's grip on a container terminal ended in a London charging order
|
Aug 03, 2026 |
|
It's not an issue, or is it? BVI Court of Appeal clarifies what amounts to assent to becoming a holder of onerous shares
Background
What does section 49 require?
Why the email exchange was sufficient to show assent
Written assent must exist at the time of issue
ASOR's conduct provided a further basis for refusing relief
Commercial implications
|
Jul 28, 2026 |
|
Conditions for reappointing Cayman ROs: the Ruipeng decision
|
Jul 21, 2026 |
|
The BVI Court System: A Q&A Guide
What is the structure of the courts in the BVI?
Are any pre-action steps required before issuing proceedings?
How are claims initiated?
What is the typical timeframe from filing to trial?
Can court filings be submitted electronically?
Is there a right of appeal?
What are the timelines and procedures for appeals?
Is interim relief available?
|
Jul 13, 2026 |
|
The BVI Court System: A Q&A Guide
What is the structure of the courts in the BVI?
Are any pre-action steps required before issuing proceedings?
How are claims initiated?
What is the typical timeframe from filing to trial?
Can court filings be submitted electronically?
Is there a right of appeal?
What are the timelines and procedures for appeals?
Is interim relief available?
|
Jul 13, 2026 |
|
BVI holds firm on jurisdiction for claims under the BCA
Transitional CPR provisions – old rules vs revised rules
Forum non conveniens
Takeaways for practitioners
|
Jul 08, 2026 |
|
The presumption of advancement lives on: Liao v Liao and the enduring bond between parent and child
The Legal Framework: Resulting Trusts and the Presumption of Advancement
The Orthodox Position: England and Australia
The Diverging Approach: Canada
The Shifting Approach: New Zealand
The Present Case: Background
The Issues on Appeal
The New Zealand Court of Appeal's Reasoning
Comment
|
Jul 01, 2026 |
|
The presumption of advancement lives on: Liao v Liao and the enduring bond between parent and child
The Legal Framework: Resulting Trusts and the Presumption of Advancement
The Orthodox Position: England and Australia
The Diverging Approach: Canada
The Shifting Approach: New Zealand
The Present Case: Background
The Issues on Appeal
The New Zealand Court of Appeal's Reasoning
Comment
|
Jul 01, 2026 |
|
Protecting against online fraud: Contractual and compliance strategies after Logix Aero
|
Jun 29, 2026 |
|
Twilight-zone treasury payments: BVI Court orders US$125.9 million clawback
|
Jun 18, 2026 |
|
58.com - Court determines reliability of merger price in latest section 238 fair value appraisal judgment
Background
The judgment
Key takeaways
|
Jun 12, 2026 |
|
58.com - Court determines reliability of merger price in latest section 238 fair value appraisal judgment
Background
The judgment
Key takeaways
|
Jun 12, 2026 |
|
A paradigm case for privacy: the Grand Court's authoritative restatement on confidentiality in trust proceedings
Background
The legal framework: balancing open justice and privacy
Judgment
Comment
|
Jun 11, 2026 |
|
Can a Trust Be a "Person"? Lessons from the New Zealand Supreme Court for Offshore Trust Practitioners
|
Jun 04, 2026 |
|
Into Perpetuity: The Grand Court Charts New Territory Under the Cayman Islands' Reformed Trust Regime
The Reforms to the Perpetuities Act in Brief
The Application to disapply
Principles
Comment
|
May 21, 2026 |
|
Common sense and common law: Navigating the gap between breach and loss
Background
The issues
The judgment
Key takeaways
|
May 13, 2026 |
|
Statutory Hastings-Bass in the Cayman Islands: the Grand Court sets aside a deed of exclusion
Background
The issues
The judgment
Key takeaways
|
May 11, 2026 |
|
BVI Court of Appeal reaffirms high threshold for case management stays pending foreign proceedings
Background
The threshold for a case management stay
The appeal
Representation
|
May 07, 2026 |
|
By your leave? Cayman experts (maybe) need not apply
|
May 05, 2026 |
|
Can you repeat that for me? The Grand Court’s approach to continuing the appointment of restructuring officers
|
Apr 27, 2026 |
|
Battle ready: Cayman hands parties pre-action discovery tools
|
Apr 24, 2026 |
|
Back from the dead: A creditor's guide to restoring struck-off BVI companies
The Legislative Landscape: From Strike Off to Dissolution
Two Routes to Restoration
Administrative Restoration under Section 217
Court Restoration under Section 218
The Registered Agent Problem: The Real Hurdle and Recent Development
Effect of Restoration
Practical Considerations for Creditors
The Way Forward: Scope for Legislative Reform?
Conclusion
|
Apr 24, 2026 |
|
Restoration and liquidation as a “single composite judicial act” - No registered agents required
|
Apr 22, 2026 |
|
Uphold upheld: Winding-up petition dismissed despite governance failures
Background
The issues
The judgment
Key takeaways/comment
|
Apr 09, 2026 |
|
Generative AI in Litigation: Key guidance from the Irish Court of Appeal
The decision in Guerin v O'Doherty
The Court's guidance on AI use
Consequences of improper AI use
Lawyers be warned
|
Apr 08, 2026 |
|
Defanged: Curtailing company participation in winding up proceedings
|
Apr 01, 2026 |
|
The Privy Council closes with a wide
Facts and judicial history
The Privy Council's decision
Key takeaways: Three telling features of the Trust Instruments
|
Mar 25, 2026 |
|
Unfair prejudice remedies: Is limitation dead?
Relevant legal provisions
Background
Judgment
Implications for offshore jurisdictions
|
Mar 13, 2026 |
|
Mistakes happen but the court is here to help – Bermuda court sets aside trustee's tax-blind distribution
|
Mar 12, 2026 |
|
Stay denied: BVI Court of Appeal reaffirms threshold for a stay in US$40 million shareholder dispute
|
Mar 06, 2026 |
|
English High Court considers tests for worldwide freezers and duty of full and frank disclosure
|
Feb 16, 2026 |
|
Grand Court confirms inherent jurisdiction to compel parties to participate in ADR
|
Jan 16, 2026 |
|
Privy Council abrogates Shareholder Rule and issues Willers v Joyce direction
|
Jan 05, 2026 |
|
Privy Council decision – Cayman Islands: Submission to foreign courts
|
Dec 11, 2025 |
|
Appointment of an Equitable Receiver in Cyprus
|
Dec 10, 2025 |
|
Enforcing security over mortgage assets in the British Virgin Islands: the emerging battle grounds
|
Dec 04, 2025 |
|
A Tale of Two Arbitrations: Lessons from the BVI Court of Appeal
|
Dec 03, 2025 |
|
Navigating the Arbitration-Insolvency Interplay: Hyalroute and the Cross-Border Implications for Creditors
|
Dec 02, 2025 |
|
A More Common Thread Running Through the Common Law? The Supreme Court of Bermuda Grants What Is Believed To Be the First-Ever Extra-Territorial Summoning of a Company Director to Appear Before It for a Private Examination by Joint Provisional Liquidators
|
Dec 01, 2025 |
|
Guide on Restoring a Cyprus Company that has been struck off pursuant to section 327 of the Law
|
Nov 27, 2025 |
|
Snapshot of key enforcement methods in the BVI
|
Nov 27, 2025 |
|
Balancing Justice and Modernization: Cyprus Court Rejects Videoconference Testimony Request
|
Nov 26, 2025 |