Exploring Offshore Litigation

Harneys

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.

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23 episodes
Avg 7 min
English

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#60
Thursday · 6 min
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
A BVI derivative action lets a minority shareholder sue on behalf of the company when those in control will not, but leave is far from automatic. The Court of Appeal's recent decision in Dekel v Clerkenwell Lifestyle Ltd is a timely reminder of how hig...
#59
October 20 · 6 min
Disclosure and collateral use lessons for litigants
The English High Court in Bourlakova v Estate of Bourlakov has confirmed that an order to disclose arbitral material is to be honoured even where the arbitral tribunal has refused permission to do so. The judgment is also a timely reminder that arbitra...
#58
October 9 · 4 min
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?
The British Virgin Islands is set to expand its specialist commercial litigation offering. At its meeting on 19 August 2026, Cabinet approved the expansion, together with funding through to 2029 for an additional Commercial Judge, supporting court admi...
#57
October 2 · 11 min
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
The English Commercial Court has confirmed that delay in seeking a freezing order and proprietary injunction can be fatal to the application. In Alliance Petrochemical Investment (Singapore) Pte Ltd v Mazzagatti , the Court refused API's application fo...
#56
September 23 · 6 min
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
In In the Matter of the Affinity Trust and the V Trust, the Jersey Royal Court approved the variation of a discretionary trust to reverse the irrevocable exclusion of its settlor as a beneficiary and blessed the trustee's decisions to re-admit the sett...
#55
September 17 · 12 min
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
The UK Supreme Court's judgment in Servis-Terminal LLC v Drelle overruled the English Court of Appeal's January 2025 decision and has significant potential implications for offshore practice in the BVI and Cayman Islands with respect to the issue of wh...
#54
September 15 · 6 min
Crypto-fraud, injunctions against persons unknown and the cost of Exchange non-cooperation Facts Freezing injunction Disclosure Costs Conclusions
In the recent English High Court decision in Wilden v Person Unknown, DHCJ Guy Vassall-Adams KC continued a proprietary and worldwide freezing order against an unknown cryptocurrency fraudster, reaffirming that crypto assets are property to which right...
#53
September 11 · 4 min
Denali v Manson and the intersection of sanctions law and insolvency
The consequences of getting it wrong are severe yet the legislation often leaves practitioners without clear answers to commercially significant questions. The recent English High Court decision in Denali Corp – FZCO v Manson considers one of those una...
#52
September 10 · 8 min
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
The recent judgment in China Export & Credit Insurance Corporation v Hyalroute Communication Group Limited (No.3) sets out the costs consequences of a dismissed winding-up petition based on a bona fide dispute. It also clarifies the scope of GCR O62, r...
#51
September 8 · 6 min
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
Boards of offshore companies often have to make difficult commercial decisions where the contractual consequences are not clear-cut. This can be particularly challenging in structures involving SPVs, holding companies and joint venture vehicles, where ...
#50
September 2 · 12 min
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
The British Virgin Islands (BVI) offers two principal routes for enforcing foreign judgments: (A) statutory registration under the Reciprocal Enforcement of Judgments Act 1922; and (B) common law enforcement by fresh action, each backed by a robust sui...
#49
August 25 · 8 min
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
The UK Supreme Court has recently delivered judgment in Skatteforvaltningen v MCML Ltd which has helped focus the parameters of estoppel, together with previous landmark decisions, such as Tinkler v HMRC estoppel by convention (Harneys' article on Tink...
#48
August 21 · 41 sec
Oiling the wheels of commerce: a reminder of the requirements for sanctioning a scheme of arrangement in the Cayman Islands
blogs Offshore Litigation Blog An expanded BVI Commercial Court: strengthening the infrastructure for international disputes blogs Offshore Litigation Blog Freezing orders, delay and proprietary injunctions: key lessons from Alliance Petrochemical v Ma...
#47
August 14 · 4 min
Directors' duties: causation and loss in insolvent trading
The court upheld the first instance judge's key findings against two former directors but narrowed the company's recovery. It separated the client money shortfall caused by the wrongdoing from losses generated by ordinary trading. The decision also giv...
#46
August 5 · 8 min
Shares for a euro – English Court upholds the integrity of BVI corporate structures against asset stripping attempts Background The decision Practical takeaways
In a recent decision of the English Commercial court, GLAS SAS (London Branch), as trustee of €250 million in tradeable bonds, succeeded in claims against a BVI-incorporated company and related parties for the misappropriation of shares worth approxima...
#45
August 3 · 7 min
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
In Smithers and another v Persons Unknown Category 1 and others, the English Commercial Court granted summary judgment in favour of two victims of a crypto asset fraud, ordering the return of Bitcoin and awarding compensatory damages for fungible token...
#44
August 3 · 11 min
An unwritten rule: The Guernsey Court of Appeal on informal trust declarations and the presumption of equality
A handwritten note, a single sentence long, with no witness, no signature block, and no mention of how property should be divided. Can such a document constitute a valid declaration of trust? The Guernsey Court of Appeal has confirmed that it can. In A...
#43
August 3 · 4 min
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
The English High Court has held that a Djiboutian container terminal operator (DCT) held over US$41 million in shipping profits on trust for the Republic of Djibouti (the Republic) in bank accounts in London[FG1.1]. This finding enabled a contractor (S...
#42
July 28 · 6 min
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
Harneys has successfully acted for the joint liquidators of Phoenix Commodities Pvt Ltd (Phoenix), Ryan Jarvis of Deloitte and Rachelle Frisby at Interpath (formerly Deloitte), in an important BVI Court of Appeal decision clarifying when a person has a...
#41
July 21 · 9 min
Conditions for reappointing Cayman ROs: the Ruipeng decision
On 31 March, the Grand Court of the Cayman Islands delivered its judgment in the Matter of New Ruipeng Pet Group Inc, making orders concerning the appointment of restructuring officers (ROs) over the company. The judgment holds significance as it is th...

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