Exploring Offshore Litigation
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Exploring Offshore Litigation

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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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Governo
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Frequenza di aggiornamento:
every 5 days
Durata media dell'audio:
7 minutes
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Inglese
Regno Unito
164 episodi
da 21 Febbraio 2025
episodic
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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?

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 administration staff and commercial rental space. I…
00:04:00
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EPISODI PRECEDENTI

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

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 for a worldwide freezing order (WWFO) and a propr…
00:11:04
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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

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 settlor and distribute approximately £4.8 million t…
00:06:57
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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

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 when unrecognised foreign judgments can be used t…
00:12:02
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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

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 when unrecognised foreign judgments can be used t…
00:12:02
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Crypto-fraud, injunctions against persons unknown and the cost of Exchange non-cooperation Facts Freezing injunction Disclosure Costs Conclusions

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 rights can attach and that exchanges which refuse to…
00:06:33
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Denali v Manson and the intersection of sanctions law and insolvency

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 unanswered questions: when a designated person hol…
00:04:56
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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

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, r18, which governs recovery of foreign lawye…
00:08:10
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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

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 contractual obligations may sit with one entity…
00:06:17
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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

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 suite of interim remedies and post-judgment enforc…
00:12:25
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