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Vol 24 No 5 May/June 2019

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World) 2nd ed isbn 9780854901630

Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World)

Edited by: Ian R. C. Kawaley, Andrew J. Bolton, Robin J. Mayor

ISBN13: 9780854900435
New Edition ISBN: 9780854901630
Published: August 2009
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print

Wildy's Book of the Month - September 2009

The global economic downturn has led to increased commercial litigation and insolvency proceedings in financial centres across the world. As a result, there has been a growing need to seek the assistance of courts in offshore jurisdictions where significant assets and/or evidence are likely to be found.

Informed judgements must be made about what rules of law and practice govern the relevant judicial cooperation regimes, both by lawyers who manage litigation onshore concerning assets or evidence located offshore, and by offshore lawyers asked to advise their onshore counterparts.

Although geographically small, the British territories of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man are well established international financial centres. These six commercially significant jurisdictions are home to a vast array of commercial entities which conduct business throughout the world. There is growing concern over how the courts of these jurisdictions will cooperate with courts in other centres of commerce in responding to letters of request, enforcing foreign judgments, or assisting foreign liquidators.

This book is the only publication to provide a detailed explanation of the law and practice in each of these six British territories and how each approaches the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency. It is edited by a commercial judge and two experienced commercial litigators with contributions from experts in each jurisdiction, all written from the perspective of the practitioner.

Insolvency Law, Banking and Finance, Wildy, Simmonds and Hill, Courts and Procedure

About the Authors
Table of Cases
Table of Statutes and Secondary Legislation
Table of International Materials
Summary of Legal Systems in the Subject Jurisdictions

Part I – Overview

Chapter 1 Why Judicial Cooperation in Civil and Commercial Litigation in the British Offshore World Matters: An Overview
1.1 ‘Judicial cooperation’ defined
1.2 Key legal elements of judicial cooperation
1.3 The international commercial significance of offshore jurisdictions and the importance judicial cooperation plays internationally
1.4 Objectives of the present study

Part II – Obtaining Evidence for use in Foreign Proceedings

Chapter 2 Shared Legal Heritage
2.1 The status of English law
2.2 Methods of obtaining evidence
2.3 The Evidence (Proceedings in Other Jurisdictions) Act 1975
2.4 Information orders

Chapter 3 Bermuda
3.1 Introduction
3.2 Letters of request
3.3 Information orders
3.4 Voluntary gathering of evidence
3.5 Confidentiality

Chapter 4 The British Virgin Islands
4.1 Introduction
4.2 Letters of request
4.3 Information orders
4.4 Voluntary gathering of evidence
4.5 Confidentiality

Chapter 5 The Cayman Islands
5.1 Introduction
5.2 Letters of request
5.3 Information orders
5.4 Voluntary gathering of evidence
5.5 Confidentiality

Chapter 6 The Isle of Man
6.1 Introduction
6.2 Letters of request
6.3 Information orders
6.4 Voluntary gathering of evidence
6.5 Confidentiality and privilege

Chapter 7 Guernsey
7.1 Introduction
7.2 Letters of request
7.3 Information orders
7.4 Voluntary gathering of evidence
7.5 Confidentiality

Chapter 8 Jersey
8.1 Introduction
8.2 Letters of request
8.3 Information orders
8.4 Voluntary gathering of evidence
8.5 Confidentiality

Part III – Enforcing Foreign Judgments

Chapter 9 Shared Legal Heritage
9.1 The status of English law
9.2 Statutory methods of enforcement of foreign judgments
9.3 Enforcement of foreign judgments at common law

Chapter 10 Bermuda
10.1 Introduction
10.2 Statutory provisions for enforcement
10.3 Enforcement at common law
10.4 Future developments

Chapter 11 The British Virgin Islands
11.1 Introduction
11.2 Enforcement by registration of foreign judgments
11.3 Enforcement of foreign judgments at common law
11.4 Future developments

Chapter 12 The Cayman Islands
12.1 Introduction
12.2 Statutory regime for enforcement of foreign judgments
12.3 Enforcement at common law
12.4 Non-money judgments
12.5 Bars to recognition or enforcement

Chapter 13 The Isle of Man
13.1 Introduction
13.2 Enforcement by registration
13.3 Enforcement at common law
13.4 Issue of execution
13.5 Enforcement of execution
13.6 Future developments

Chapter 14 Guernsey
14.1 Enforcement
14.2 Enforcement at common law
14.3 Statutory enforcement
14.4 Methods of execution
14.5 Conclusion

Chapter 15 Jersey
15.1 Introduction
15.2 Statutory enforcement
15.3 Customary law rules

Part IV – Judicial Cooperation in Cross-Border Insolvency ;

Chapter 16 Shared Legal Heritage
16.1 The status of English law
16.2 Shared statutory insolvency law rules
16.3 Recognition of appointment of foreign liquidator
16.4 Common law judicial cooperation generally
16.5 Conclusion

Chapter 17 Bermuda
17.1 Introduction
17.2 Statutory basis for judicial cooperation;
17.3 Common law judicial cooperation – the recognition of foreign insolvency proceedings
17.4 Ancillary winding-up proceedings
17.5 Cooperation through parallel insolvency proceedings
17.6 Recognition of foreign winding-up orders in relation to local companies
17.7 Possible future developments
17.8 Summary

Chapter 18 The British Virgin Islands
18.1 Introduction
18.2 Cooperation in insolvency matters
18.3 Approaches to cross-border insolvency
18.4 The statutory regime
18.5 Foreign companies registered to do business in the British Virgin Islands
18.6 UK Insolvency Act 1986
18.7 Other examples of judicial cooperation by the BVI courts
18.8 Conclusion

Chapter 19 The Cayman Islands
19.1 Introduction
19.2 The jurisdiction of the court to wind up foreign companies
19.3 The appointment of foreign insolvency practitioners
19.4 Restraint of foreign proceedings
19.5 The effect of a foreign winding up order in the Cayman Islands
19.6 Judicial cooperation
19.7 Conclusion

Chapter 20 The Isle of Man
20.1 Introduction
20.2 Statutory basis for judicial cooperation
20.3 Common law rules
20.4 Future developments
20.5 Summary

Chapter 21 Guernsey
21.1 The international status of the Bailiwick of Guernsey and the basis of common law
21.2 Statutory provisions – cross-border issues
21.3 Common law procedures
21.4 Obtaining evidence
21.5 Problematic legal issues
21.6 Future developments

Chapter 22 Jersey
22.1 Introduction
22.2 Statutory assistance
22.3 Non-statutory assistance
22.4 Use of parallel proceedings
22.5 Problematic legal issues

Part V – Conclusion

Chapter 23 Conclusion