Please ensure Javascript is enabled for purposes of website accessibility

Expertise

Services

We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies enable us to add real value to our clients’ businesses.

View all services

Consulting

Our experts provide independent guidance spanning advice and training to implementation and evaluation across sustainable investing, regulatory compliance and tech. Our tailored advice meets clients' specific needs, delivering flexible solutions and support.

View all Consulting

Sectors

Our sector approach relies on smart collaboration between our business divisions, our service lines and our jurisdictions. These sector-based teams have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients see around corners.

View all sectors

Locations

Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.

News and insights

Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.

Fresh thinking, sharper opinion.

About us

We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone. 

No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm

Ogier in Cayman advises on successful jurisdiction challenge in English Commercial Court

Case

18 June 2019

Cayman Islands

ON THIS PAGE

Ogier's Cayman dispute resolution team, supporting the English counsel team led by Ian Gatt QC and James Price of Stewarts in London and Michael Holmes of 7KBW, has advised the Cayman Islands company Lands Company Limited ("Lands") on its successful jurisdiction challenge in the English Commercial Court over a US$200 million claim brought against Lands (and other defendants, including J.P. Morgan Markets Limited) by the Libyan Investment Authority ("LIA"). This relates to a $200 million derivative transaction entered into by the LIA in November 2007. The LIA had commenced court proceedings in order to set this transaction aside.

The team, led by partner and Global Head of Dispute Resolution Rachael Reynolds, advised on related Cayman-law aspects of the dispute.

Last week's Commercial Court judgment by Mr Justice Simon Bryan follows a three-day hearing, and found in favour of Lands and the other defendants. This means that the UK courts do not have jurisdiction over the dispute between Lands and the LIA. 

Bryan J held: “I set aside service due to the LIA’s failure to give full and frank disclosure in relation to limitation. I also find that the claims against Lands [and one of the other defendants] stand no real prospect of success by reason of the limitation defences available to them, and as such service should also be set aside on that basis. The money had and received and fraud claims also stand no real prospect of success and service in relation to those claims should also be set aside on that basis.”

The dispute is one in a series of claims, which have been ongoing since 2014, brought by the LIA – an oil wealth fund set up under the former Libyan regime – in relation to investments entered into by the LIA with Western banks (including Goldman Sachs and Société Générale).

If the LIA's claim is now to proceed, it will have to be brought before the Libyan courts.

Rachael led the team of senior associate Shaun Maloney and associate Rebecca Findlay on the Cayman law elements of the dispute.

The full judgment can be found here: The Libyan Investment Authority v J.P. Morgan Markets Ltd & Ors (Rev 1) [2019] EWHC 1452 (Comm) (10 June 2019)

No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm