Overview

Formerly published as ‘Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World)’, this third edition has a new title and provides a new perspective. This edition casts off the ‘offshore’ mantle, contending that the subject jurisdictions are more aptly described as ‘cross-border’ financial centres rather than “offshore” centres.  The jurisdictions covered in this edition are Bermuda, the Cayman Islands, Guernsey, Jersey, and the Isle of Man. They are each territories with varying degrees of internal self-governance for which the United Kingdom Government retains responsibility for external affairs. Each jurisdiction hosts a high concentration of foreign investment vehicles which gives rise to a high volume of cases where the efficacy of mechanisms for judicial cooperation between local and foreign courts is important for protecting the value of private investments and preventing or remediating financial misconduct.          The book is written solely by judges with experience of adjudicating cross-border commercial cases in each of the five subject jurisdictions, providing a judicial insight into how the courts approach the three main aspects of judicial cooperation covered:  . obtaining evidence and information for foreign proceedings . enforcing foreign judgments and arbitral awards  . cross-border insolvency.  These issues are addressed in a thematic, practice-focussed manner, with relatively brief summaries of the substantive law complemented by commentary on the extent to which local law reflects international instruments and the adequacy of existing statutory or common/customary law rules.

Full Product Details

Author:   Ian R C Kawaley ,  David Doyle ,  Shade Subair Williams
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Edition:   3rd Revised edition
ISBN:  

9780854903108

ISBN 10:   0854903100
Pages:   316
Publication Date:   01 September 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of Contents

Preface Contributors’ bios Table of Cases Table of Statutes and Secondary Legislation Table of International Materials Constitutional and Legal System Overview PART 1 - OVERVIEW 1   Why Judicial Cooperation in Civil and Commercial Litigation in the British Cross-border Financial Centre World Matters: An Overview 1.1   ‘Judicial cooperation’ defined 1.2   Issues arising for consideration 1.3   The relevance of the cross-border financial commercial context 1.4   Objectives of the present study PART II – OBTAINING EVIDENCE AND INFORMATION FOR USE IN FOREIGN PROCEEDINGS 2   Cayman Islands 2.1   Introduction 2.2   The extent to which international conventions or model laws have been implemented formally and/or in practice 2.3   The applicable statutory frameworks and their adequacy The Evidence Order Statutory support for Norwich Pharmacal and other interim relief 2.4   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Norwich Pharmacal jurisdiction Bankers Trust jurisdiction Disclosure orders 2.5   Future trends, problems and/or solutions Obtaining evidence for use in foreign proceedings Obtaining information for use in foreign proceedings 2.6   Conclusion 3   Isle of Man 3.1   Introduction 3.2   The extent to which international conventions or model laws have been implemented formally and/or in practice 3.3   The applicable statutory frameworks and their adequacy 3.4   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Norwich Pharmacal and Bankers Trust orders 3.5   Asset freezing and ancillary disclosure orders – leave to use information in other jurisdictions Bankers Books Evidence Act 1935 3.6   Confidentiality 3.7   Summary 3.8   Future trends, problems and/or solutions 4   Bermuda 4.1   Introduction 4.2   Letters of request The extent to which international conventions or model laws have been implemented formally and/or in practice The applicable statutory frameworks and their adequacy The extent to which common law judicial cooperation takes place and the adequacy of common law tools 4.3   Information orders Disclosure orders ancillary to freezing orders Norwich Pharmacal orders Bankers Trust orders Anton Piller orders 4.4   Future trends, problems and/or solutions Obtaining evidence Information orders 5   Guernsey 5.1   Introduction 5.2   The extent to which international conventions or model laws have been implemented formally and applicable statutory frameworks and their adequacy 5.3   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Disclosure orders ancillary to freezing orders Norwich Pharmacal orders Anton Piller orders Bankers Trust orders Adequacy of common law tools 5.4   Future trends, problems and/or solutions 6   Jersey 6.1   The extent to which international conventions or model laws have been implemented formally 6.2   The applicable statutory frameworks and their adequacy The Service of Process and Taking of Evidence (Jersey) Law 1960 Making the request Nature of the evidence Documentary evidence Examination of witnesses Non-statutory procedural guidelines regarding the examination of witnesses Adequacy of the statutory frameworks 6.3   The extent to which customary law of judicial cooperation takes place and the adequacy of customary law tools Information/freezing orders Disclosure orders The importance of comity Norwich Pharmacal orders Bankers Trust orders The Bankers’ Books Evidence (Jersey) Law 1986 Limits to disclosure orders Voluntary gathering of evidence Confidentiality Adequacy of the customary law tools 6.4   Future trends, problems and solutions PART III – ENFORCING FOREIGN JUDGMENTS 7   Cayman Islands 7.1   Introduction 7.2   The extent to which international conventions or model laws have been implemented formally and/or in practice Foreign judgments Foreign arbitration awards 7.3   The applicable statutory frameworks and their adequacy Foreign judgments Foreign arbitration awards 7.4   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Foreign judgments Foreign arbitration awards 7.5   Future trends, problems and/or solutions Foreign judgments Foreign arbitration awards 7.6   Conclusion 8   Isle of Man 8.1   Introduction 8.2   The extent to which international conventions or model laws have been implemented formally and/or in practice 8.3   The applicable statutory frameworks and their adequacy Enforcement of foreign judgments pursuant to statute 8.4   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Enforcement of foreign judgments at common law Ways of enforcing the foreign judgment Summary in respect of foreign judgments 8.5   The extent to which international conventions or model laws have been implemented formally and/or in practice The relevant framework for the enforcement of foreign awards Enforcement of foreign awards pursuant to statute 8.6   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Enforcement of foreign awards at common law Stay of legal proceedings Summary in respect of enforcement of foreign awards 8.7   Future trends, problems and/or solutions 9   Bermuda 9.1   Introduction 9.2   The extent to which international conventions or model laws have been implemented formally and/or in practice Foreign judgments Foreign arbitration awards 9.3   The applicable statutory frameworks and their adequacy Foreign judgments Foreign arbitration awards 9.4   The extent to which common law judicial cooperation takes place and the adequacy of common law tools Foreign judgments Foreign arbitration awards 9.5   Future trends, problems and/or solutions 10 Guernsey 10.1 Introduction 10.2 The Reciprocal Enforcement Law regime 10.3 Enforcement by debt action 10.4 Recognition and enforcement of foreign arbitration awards 10.5 Future trends, problems and/or solutions 11 Jersey 11.1 Introduction 11.2 The extent to which international conventions or model laws have been implemented formally Statutory enforcement 11.3 The applicable statutory frameworks and their adequacy The 1960 Law – registration of a foreign judgement Making the application for registration Setting aside registration of the judgment Jurisdiction of the foreign court 11.4 The extent to which customary law of judicial cooperation takes place and the adequacy of customary law tools Customary law rules The relevant framework for the enforcement of foreign arbitration awards 11.5 Future trends, problems and solutions PART IV – JUDICIAL COOPERATION IN CROSS-BORDER INSOLVENCY 12 Cayman Islands 12.1 Introduction 12.2 The extent to which international conventions or model laws have been implemented formally and/or in practice 12.3 The applicable statutory frameworks and their adequacy 12.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools 12.5 Future trends, problems and/or solutions 12.6 Conclusion 13 Isle of Man 13.1 Introduction 13.2 The extent to which international conventions or model laws have been implemented formally and/or in practice 13.3 The applicable statutory frameworks and their adequacy Interim relief in the absence of substantive proceedings Personal bankruptcy and cross-border co-operation Corporate insolvency and cross-border co-operation 13.4 The extent to which common law judicial co-operation takes place and the adequacy of common law tools Cambridge Gas and Singularis Is Singularis good Manx law? Some earlier Manx cases An unfortunate aura of uncertainty 13.5 Summary 13.6 Future trends, problems and/or solutions 14 Bermuda 14.1 Introduction 14.2 Statutory framework for judicial cooperation and its adequacy 14.3 The extent to which common law judicial cooperation takes place and the adequacy of common law tools 14.4 Cross border assistance in parallel proceedings between Bermuda and the United States 14.5 Cross-border assistance in parallel proceedings between Bermuda and Hong Kong Abuse of the cross-border assistance regime? 14.6 Cross-border assistance in parallel proceedings between multiple jurisdictions 14.7 Adequacy of common law assistance framework 14.8 Possible future developments 15 Guernsey 15.1 Introduction 15.2 The extent to which international conventions or model laws have been implemented formally 15.3 The applicable statutory frameworks and their adequacy 15.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools 15.5 Future trends, problems and/or solutions 16 Jersey 16.1 Introduction 16.2 The extent to which international conventions or model laws have been implemented formally 16.3 The applicable statutory frameworks and their adequacy 16.4 The extent to which customary law and judicial cooperation takes place and the adequacy of customary law tools 16.5 Future trends, problems and/or solutions PART V – CONCLUSION  17 Conclusion   Index

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