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London Offshore Litigation Conference: a Global Perspective

10.07.12

Serle Court and Appleby hosted a very successful Offshore Litigation conference at Ironmongers Hall in London. The conference provided an in-depth look at issues encountered by solicitors in England engaged in multijurisdictional asset tracing claims.

The case study covered a number of jurisdictions including: Bermuda, BVI, Cayman, Guernsey, Isle of Man and Jersey and it covered three main areas: finding your targets, securing the assets, and enforcing judgment.

The different panels looked at:

  • Finding your targets: This session looked at the information that must be held in offshore jurisdictions and the means by which that information can be accessed by a claimant. In particular the panel reviewed different jurisdictions’ approach to Norwich Pharmacal relief and how Norwich Pharmacal orders have been used to great effect recently in England.
  • Securing the assets: This session looked at recent English variations to the standard freezing order and when and to what extent interim measures can be obtained offshore in support of onshore proceedings.
  • Enforcing judgment: Recognition and enforcement of judgments obtained in England and Wales against persons or assets located offshore can prove awkward. This session looked at problems typically encountered offshore and at the use of insolvency procedures following Rubin and Cambridge Gas.

Prof Jonathan Harris also gave a talk on Jurisdiction in Cross-Border Litigation and the ways in which offshore jurisdictions are diverging and will diverge from England.

Feedback from the conference included: ‘Good range of speakers and all very knowledgeable’, ‘I enjoyed the panel format giving details of each jurisdiction – this held interest and was very effective’, and ‘...the speakers had huge experience and wisdom’.

The Serle Court speakers were: Patrick Talbot QC, Hugh Norbury QC, Richard Walford, Jennifer Haywood, Ruth Jordan, Matthew Morrison, Prof. Jonathan Harris and Robin Rathmell.

The Appleby panelists included: Andrew Bolton, Jeremy Le Tissier, Peter McMaster QC, Paul Morris, Fraser Robertson and John Wasty.


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