Offshore Litigator's Perspective - Q2 2020

Welcome to our quarterly Litigation round up, which brings you Mourant's perspective on legal developments that we see in our work advising on many of the most challenging and complex cases in the offshore courts.

Some highlights in the last quarter include:

From the BVI, a detailed analysis of the recent, high-profile, Court of Appeal decision in Collateral Convoy. It held that, notwithstanding the relatively longstanding practice of doing so, the BVI Court has no jurisdiction to grant Black Swan injunctions (in aid of proceedings overseas). That is, at least until enabling legislation is passed to rectify the position. We also analyse the latest guidance on recoverability of overseas lawyers' costs, including a determination that the fees of in-house counsel can be recovered.

From Cayman, an interesting Court of Appeal Judgment, confirming that where a director is indemnified against primary liability for a breach of duty, that director's employer cannot be held secondarily liable for the same loss; and also considering the boundaries between a pleaded claim for negligence and that for wilful neglect or default. Read this here.

From Guernsey, a briefing covering a successful strike out application by Mourant, acting for the GFSC, of a claim alleging that the GFSC's enforcement process was contrary to human rights.

And finally, from Jersey, of an article first published in Private Client Business, describing a recent Hastings Bass application in Jersey, to set aside a disposition made by trustees in exercise of a discretionary power of appointment.