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Marc Kish
Partner | Legal
Cayman Islands
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Marc Kish
Partner
Cayman Islands
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Newsletter
09 May 2024
Global
4 min read
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There have been a number of developments of note in dispute resolution across our jurisdictions over the past few months.
These include two judgments of the Irish courts clarifying the scope of the Norwich Pharmacal jurisdiction in Ireland, the fallout from the high-profile collapse of cryptocurrency hedge fund Three Arrows Capital which has been progressing through the BVI courts, and a successful application to the Royal Court in Guernsey that funds held in a trust were not the proceeds of crime.
Elsewhere in Ireland, changes to the planning judicial review process have been proposed, while a long-running action made by former Irish Football Association chief executive John Delaney against the seizure of over 1,100 digital documents was rejected.
Senior associate Shane Quinn from Ogier's Hong Kong team also shares his insights as to when an appeal to the Privy Council in the BVI may be necessary in instances where a court has delayed passing judgment.
Enjoy In Your Court and if you have any questions, please get in touch with our team.
Read In Your Court: Ogier's dispute resolution review online.
Environmental, social, and governance, or ESG, is a set of criteria used to assess a company's impact on society and the environment, as well as its corporate governance practices. Increased regulatory requirements, growing investor demands, and the global climate crises have led to the rising need for companies to manage and report ESG performance.
Such growing rules and regulations, alongside existing legislation, have increased ESG-related litigation risk for companies. The potential financial and reputational damage from ESG litigation is significant, making it a rising concern for businesses globally.
Read more: The rise of ESG litigation
The Luxembourg reform of residential lease agreements took a turn this week, as the Luxembourg government approved major amendments to Bill 7642 on Monday 15 April 2024.
The previous government initiated the legislative process in 2020 to reform the residential lease law, proposing to cap rents to 3.5% of the capital invested in the property by the owner. However, the project hit several hurdles, mostly due to strong opposition.
To overcome these controversies and limit further delays to the introduction of Bill 7642, six major amendments have been adopted.
Read more: The Luxembourg government approves major amendments to proposed reform of residential leases
On 28 March 2024, the BVI Court granted the Joint Liquidators of Three Arrows Capital Ltd (in liquidation) (3AC) sanction to make an interim distribution of up to US$100 million of 3AC's assets to its creditors in BVIHC(COM)2022/0119 Russell Crumpler and Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation).
This article provides an update on the disputes Ogier is seeing come before the Cayman Court involving a connection to the Middle East. There is a steady, substantial and varied pipeline of cases demonstrating the close connections between the region and the Cayman Islands.
Read more: Recent Cayman litigation emanating from the Middle East
In a seminal judgment of the Court of Appeal of England and Wales in the case of In the Matter of AGPS Bondco plc (Adler), the Court of Appeal overturned the first instance judgment of the High Court of England and Wales sanctioning a restructuring plan between AGPS Bondco plc (Plan Company) and its creditors. In doing so, it restated and clarified the law in England and Wales insofar as it relates to restructuring plans. Post-Adler, the High Court has sanctioned a restructuring plan in the case of In the Matter of Project Lietzenburger Straße Holdco S.A.R.L. (commonly known as the Fürst case), in which Adler was cited, and others may well follow shortly.
Read more: Restructuring plans post-Adler: a Jersey law perspective
Commercial litigation can often seem like a long and expensive process, whether a party is prosecuting or defending a claim.
In a recent New Law Journal article, Shane Quinn looks at recent judgments from the BVI and explores where excessive delays could lead to grounds for an appeal to the Privy Council.
Read more: A guide to appeals to the BVI Privy Council following lengthy delays to court judgments
Don't miss our latest briefings from our Ireland team. These discuss developments, recent judgments and more.
Preparing your organisation for the Digital Operational Resilience Act (DORA) deadline
Major reforms proposed to the planning judicial review process in Ireland
Fraud is, thankfully, rare and suspicions or allegations of fraud are typically as unexpected as they are unwelcome. When allegations are made it is important that directors are equipped to respond quickly and effectively.
This article contains our top tips for how to manage a situation involving fraud or suspicion of fraud in a fund context.
Read more: Focus on fraud and asset tracing: tips for dealing with allegations of fraud
Ogier in Guernsey successfully assisted Dr Richard Tucker Loero in securing an order from the Royal Court declaring that Dr Tucker Loero's funds held in a trust in Guernsey were not the proceeds of crime, for the purposes of the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 (the Law).
Read more: Ogier succeeds in obtaining a decision that trust funds were not the proceeds of crime
Saisie (meaning "to seize") is a court-driven, Guernsey customary law process, governed by the Saisie Procedure (Simplification) (Bailiwick) Order, 1952. It is a three-stage, post-judgment process which enables a creditor to enforce their rights against the debtor's realty in Guernsey.
The effect of saisie is to vest all of the debtor's realty in Guernsey into the name of the creditor. The entire proceedings can take six to12 months and place certain burdens on the creditor who initiates them.
Read more: Snapshot: enforcement against real property in Guernsey - Saisie
Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
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Nicholas Brookes
Partner | Legal
British Virgin Islands
Nicholas Brookes
Partner
British Virgin Islands
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James McDermott
Senior Associate | Legal
British Virgin Islands, Ireland
James McDermott
Senior Associate
British Virgin Islands, Ireland
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Romauld Johnson
Associate | Legal
British Virgin Islands
Romauld Johnson
Associate
British Virgin Islands
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Daniel Burkitt
Counsel | Legal
British Virgin Islands
Daniel Burkitt
Counsel
British Virgin Islands
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Jennifer Fox
Partner | Legal
Cayman Islands
Jennifer Fox
Partner
Cayman Islands
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Rebecca Findlay
Managing Associate | Legal
Cayman Islands
Rebecca Findlay
Managing Associate
Cayman Islands
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Dunzelle Daker
Senior Associate | Legal
Cayman Islands
Dunzelle Daker
Senior Associate
Cayman Islands
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Nour Khaleq
Senior Associate | Legal
Cayman Islands
Nour Khaleq
Senior Associate
Cayman Islands
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Harry Clark
Associate | Legal
Cayman Islands
Harry Clark
Associate
Cayman Islands
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Simon Davies
Partner | Legal
Guernsey
Simon Davies
Partner
Guernsey
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Bryan De Verneuil-Smith
Partner | Legal
Guernsey
Bryan De Verneuil-Smith
Partner
Guernsey
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Sandie Lyne
Partner | Legal
Guernsey
Sandie Lyne
Partner
Guernsey
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Justin Davis 戴正霆
Partner 合伙人 | Legal
Hong Kong
Justin Davis 戴正霆
Partner 合伙人
Hong Kong
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Shane Quinn 盛锟
Senior Associate 高级律师 | Legal
Hong Kong
Shane Quinn 盛锟
Senior Associate 高级律师
Hong Kong
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Stephen O'Connor
Partner | Legal
Ireland
Stephen O'Connor
Partner
Ireland
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Maria Edgeworth
Partner | Legal
Ireland
Maria Edgeworth
Partner
Ireland
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Leonie Kelly
Head of Sustainable Investment Consulting | Consulting
Hong Kong
Leonie Kelly
Head of Sustainable Investment Consulting
Hong Kong
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Paddy Murphy
Managing Associate | Legal
Ireland
Paddy Murphy
Managing Associate
Ireland
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Cian O'Gorman
Associate | Legal
Ireland
Cian O'Gorman
Associate
Ireland
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Sarah Rogers
Associate | Legal
Ireland
Sarah Rogers
Associate
Ireland
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Eoin McAuley
Trainee Solicitor | Legal
Ireland
Eoin McAuley
Trainee Solicitor
Ireland
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James Angus
Partner | Legal
Jersey
James Angus
Partner
Jersey
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Bruce MacNeil
Partner | Legal
Jersey
Bruce MacNeil
Partner
Jersey
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Tom Hall
Managing Associate | Legal
Jersey
Tom Hall
Managing Associate
Jersey
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
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Audrey Bertolotti
Partner | Legal
Luxembourg Legal Services
Audrey Bertolotti
Partner
Luxembourg Legal Services
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Olivia Collette
Managing Associate | Legal
Luxembourg Legal Services
Olivia Collette
Managing Associate
Luxembourg Legal Services
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Hélène Arvis
Counsel | Legal
Luxembourg Legal Services
Hélène Arvis
Counsel
Luxembourg Legal Services
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