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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Wrapping it up
In the recent decision of CF v DLG, the BVI Commercial Court held that a two-step process is to be preferred over the use of “wrap up orders” in Norwich Pharmacal proceedings. The applicant, a judgment creditor, sought Norwich Pharmacal relief against registered agency service providers to the judgment debtor, for information to assist with considering its enforcement options.
03 Apr 2024
Bedddoes, Anti-suits and Déjà vu
In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application in Hong Kong to appoi…
15 Mar 2024
How to get an injunction in the BVI
We cover 11 key questions we’ve been asked on how to get an injunction in the BVI. Find our top 11 questions here.
13 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
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
No penalty without clarity
In a recent decision of the King’s Bench Division of England and Wales the Court set aside an order (O2) that extended time for compliance with an earlier disclosure order (O1). O2, having been endorsed with a pena…
01 Mar 2024
Newcomers, Black Swans and Persons Unknown - but what’s the punch line? UK Supreme Court rules
In the UK Supreme decision in Wolverhampton City Council v London Gypsies and Travellers, it was held that the court has power to grant “newcomer injunctions”.
30 Nov 2023
Crypto Fraud: is it really a matter of trust?
In a recent decision the English High Court discharged a proprietary injunction that enjoined Binance from dealing with the proceeds of a scam. In doing so, the court warned against assuming that cryptocurrency exchanges act as constructive trustees of misappropriated digital assets.
23 Jun 2023
Hong Kong the latest common law jurisdiction to recognise cryptocurrency as property
On 31 March 2023, in the case of Re Gatecoin Limited (in liquidation), the Honourable Madam Justice Linda Chan of the Hong Kong Court of First Instance ruled on an application by the liquidators of Gatecoin seeking directions on the characteristics of cryptocurrencies and fiat currencies and whether the cryptocurrencies held should be regarded as being held on trust for Gatecoin’s account holders. The decision brings Hong Kong in line with other common law jurisdictions whose courts have already decided that issue, including England and Wales, New Zealand and the BVI. This is further acceptance by the common law courts that, despite their unusual features, cryptocurrencies and digital assets do not sit outside of the law.
30 May 2023