Exploring Offshore Litigation

The Cayman Islands Court of Appeal has issued a strong warning on the risks of using generative artificial intelligence in court proceedings in the recent decision in Samuel Johnson v Cayman Islands Health Services Authority [2025] CICA (Civ) 15 (Johnson v HSA). The judgment is the first in the jurisdiction to directly address the use of AI in legal submissions and highlights the duty of candour o...

In Sandoz AG v Bayer Intellectual Property GMBH, the English High Court provided important clarification that a claimant in an inquiry for damages is not entitled to an account of profits under the standard cross-undertaking as to damages. Background The Inquiry Defendants had obtained certain interim injunctions against the Inquiry Plaintiffs which were subsequently discharged. Following the disc...

In Maso Capital Investments Ltd v Trina Solar Ltd the Privy Council reinstated the first instance decision of the Grand Court, confirming that the task for the trial judge in an assessment of fair value pursuant to section 238 of the Companies Act (as revised) is highly fact specific and will depend on the relative reliability of the valuation methodologies contended for. The Privy Council also re...

The Privy Council has just handed down judgment in Fang Ankong & Anor v Green Elite (in liquidation) which clearly restates how the Duomatic principle is to be applied and, in particular, the need for certainty, knowledge and an actual assent that can be objectively established. At first instance the BVI Commercial Court found that a historical understanding between joint venture partners (and eve...

The decision of Justice Mangatal in Ming v JF Ming Inc is the latest judgment from the long-running family dispute and unfair prejudice proceedings over JF Ming Inc (JFM), a BVI holding company with subsidiaries holding substantial real estate in Hong Kong. The judgment is notable as it is the first detailed BVI decision that deals with the valuation of real estate-holding companies in Hong Kong i...

In Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) (Hyalroute), the Hong Kong Court dismissed an application by a Cayman Islands-incorporated company for anti-suit relief to restrain a creditor from filing a winding-up petition in the Grand Court of the Cayman Islands. This is the first time the Hong Kong Court has had to consider the circumstances in which i...

Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the victims of fraud will not be able to identify the fraudsters. This is completely wrong. The BVI Courts apply a well-known legal maxim originally developed by the English Courts in Lazarus Estates v Beasley [1956] 1 QB 702: "No Court in this...

In the recent decision of Suning International Group Co Ltd v Carrefour Nederland BV the Cayman Islands Court of Appeal provided guidance on the procedure to be followed under Order 73, rule 31(6) of the Grand Court Rules for service of proceedings to enforce a foreign arbitral award. In doing so, the Court of Appeal emphasised the policy of Cayman Islands law in favour of swift enforcement of arb...

The Company operates predominantly in China. It is in the business of assisting with screening and diagnosis of cancers of various kinds and has developed products to provide early screening, particularly for bowel cancer. It appeared to have been successful for a number of years. However, in 2023, complaints were made by a third party that the Company's sales figures did not appear to be justifia...

The rise of digital assets and cryptocurrency has transformed financial markets, but it has also raised novel legal and practical challenges, particularly in the context of corporate insolvency. For insolvency professionals, trustees and investors navigating the murky waters of cryptoasset recovery, recent common law authorities provide an important guide toward legal certainty, particularly for q...