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All Episodes

Exploring Offshore Litigation — 90 episodes

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Title
1

Crypto-fraud, injunctions against persons unknown and the cost of Exchange non-cooperation

2

Denali v Manson and the intersection of sanctions law and insolvency

3

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

4

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

5

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

6

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

7

Oiling the wheels of commerce: a reminder of the requirements for sanctioning a scheme of arrangement in the Cayman Islands Background Key legal principles Further judicial observations Conclusion

8

Directors' duties: causation and loss in insolvent trading

9

Shares for a euro – English Court upholds the integrity of BVI corporate structures against asset stripping attempts Background The decision Practical takeaways

10

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

11

An unwritten rule: The Guernsey Court of Appeal on informal trust declarations and the presumption of equality

12

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

13

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

14

Conditions for reappointing Cayman ROs: the Ruipeng decision

15

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?

16

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?

17

BVI holds firm on jurisdiction for claims under the BCA Transitional CPR provisions – old rules vs revised rules Forum non conveniens Takeaways for practitioners

18

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

19

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

20

Protecting against online fraud: Contractual and compliance strategies after Logix Aero

21

Twilight-zone treasury payments: BVI Court orders US$125.9 million clawback

22

58.com - Court determines reliability of merger price in latest section 238 fair value appraisal judgment Background The judgment Key takeaways

23

58.com - Court determines reliability of merger price in latest section 238 fair value appraisal judgment Background The judgment Key takeaways

24

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

25

Can a Trust Be a "Person"? Lessons from the New Zealand Supreme Court for Offshore Trust Practitioners

26

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

27

Common sense and common law: Navigating the gap between breach and loss Background The issues The judgment Key takeaways

28

Statutory Hastings-Bass in the Cayman Islands: the Grand Court sets aside a deed of exclusion Background The issues The judgment Key takeaways

29

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

30

By your leave? Cayman experts (maybe) need not apply

31

Can you repeat that for me? The Grand Court’s approach to continuing the appointment of restructuring officers

32

Battle ready: Cayman hands parties pre-action discovery tools

33

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

34

Restoration and liquidation as a “single composite judicial act” - No registered agents required

35

Uphold upheld: Winding-up petition dismissed despite governance failures Background The issues The judgment Key takeaways/comment

36

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

37

Defanged: Curtailing company participation in winding up proceedings

38

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

39

Unfair prejudice remedies: Is limitation dead? Relevant legal provisions Background Judgment Implications for offshore jurisdictions

40

Mistakes happen but the court is here to help – Bermuda court sets aside trustee's tax-blind distribution

41

Stay denied: BVI Court of Appeal reaffirms threshold for a stay in US$40 million shareholder dispute

42

English High Court considers tests for worldwide freezers and duty of full and frank disclosure

43

Grand Court confirms inherent jurisdiction to compel parties to participate in ADR

44

Privy Council abrogates Shareholder Rule and issues Willers v Joyce direction

45

Privy Council decision – Cayman Islands: Submission to foreign courts

46

Appointment of an Equitable Receiver in Cyprus

47

Enforcing security over mortgage assets in the British Virgin Islands: the emerging battle grounds

48

A Tale of Two Arbitrations: Lessons from the BVI Court of Appeal

49

Navigating the Arbitration-Insolvency Interplay: Hyalroute and the Cross-Border Implications for Creditors

50

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

51

Guide on Restoring a Cyprus Company that has been struck off pursuant to section 327 of the Law

52

Snapshot of key enforcement methods in the BVI

53

Balancing Justice and Modernization: Cyprus Court Rejects Videoconference Testimony Request

54

Fraud unravels everything – how the BVI Courts can assist

55

Restructuring Review 2024 – British Virgin Islands

56

An introduction to arbitration in the British Virgin Islands

57

Snapshot of key enforcement methods in the BVI

58

An introduction to arbitration in the British Virgin Islands

59

Stay the Course, Not the Arbitration

60

From Michigan with finality: Issue estoppel holds, leave refused by Cayman Court of Appeal

61

BVI probate pointers – How do PRC nationals deal with inherited BVI assets?

62

The far-reaching effect of Section 147 fraudulent trading claims in the Bilta v Tradition Financial Services ruling

63

Recent guidance on Section 147 fraudulent trading claims in Conway v Air Arabia

64

Recognition and Assistance of Foreign Insolvency Proceedings: A Comparison of Singapore’s Model Law Regime with the Approaches of the BVI, Cayman and Bermuda Courts

65

Exempted Limited Partnerships in the Cayman Islands: Wind Down, Removing the General Partner and the Grand Court’s Flexibility

66

Cayman Court extends writ validity to facilitate service under the Hague Convention

67

No urgency, no EGM: Cayman Court intervenes to protect shareholder class rights

68

Successful recovery of €9 million through garnishee proceedings in Cyprus

69

Cayman Court issues warning on AI use in legal filings

70

Account of profits is not available in a cross-undertaking

71

Privy Council reinstates first instance decision of the Grand Court in a seminal decision for appraisal litigation in the Cayman Islands

72

Elite clarification of the Duomatic principle from the Privy Council

73

Fair value in the BVI: Guidance on property valuation and minority discounts from Ming v JF Ming Inc

74

Hong Kong Court considers anti-suit injunction to restrain foreign winding-up proceedings

75

Fraud unravels everything – how the BVI Courts can assist

76

Cayman Islands Court of Appeal holds that swift enforcement of foreign arbitral awards is essential

77

Cayman Court Appoints Provisional Liquidators to New Horizon Health Limited

78

Trust, title and tokens: implications of Singapore High Court's decision in Re Taylor for distribution of unclaimed cryptoassets in liquidation

79

Cayman Islands Court dismisses application to appoint joint provisional liquidators

80

Scaling the Summit of Cross-Border Enforcement: A Superb Illustration from Cayman

81

Scaling the Summit of Cross-Border Enforcement: A Superb Illustration from Cayman

82

Worldwide freezing injunction in Cayman: a “very big step to take” albeit not impossible

83

Contentious estates and temporary administrators

84

Trust restored - dishonest assistant made to pay for breach of constructive trust

85

Trust restored - dishonest assistant made to pay for breach of constructive trust

86

Trust restored - dishonest assistant made to pay for breach of constructive trust

87

Anti-enforcement injunction where a foreign judgment has been obtained by fraud

88

UKSC holds that shareholders who invest with knowledge of an amalgamation have standing to demand fair value for their shares

89

Secured creditors may proceed with confidence

90

Hitting the right note – ultimate beneficial owner noteholders given standing in English Court