In your Court: Ogier's dispute resolution review - December 2025

As we approach the end of the year, our expert Dispute Resolution team highlights some significant case developments and key insights from our international jurisdictions over the last few months.

In the Cayman Islands, Ogier has successfully defended the Fourth Defendant in the multi-million dollar Abraaj fraud case. Over in the BVI, a novel use of negative declaratory relief against liquidators staved off threatened US$500 million claims, and in Jersey, our specialist contentious corporate team advised anti-piracy and cyber-security entrepreneur Jonathan Friend on his overwhelmingly successful defence of a High Court breach of duties claim.

Meanwhile, the Irish High Court has delivered a landmark ruling on copyright infringement and illegal streaming services, awarding damages to Sky UK Limited and signalling tougher consequences for illegal sports streaming and unauthorised violation of broadcasting rights.

Elsewhere in Europe, Luxembourg implemented its new restructuring law - the ‘Law on the Preservation of Enterprises and Modernisation of the Bankruptcy Act’ - to provide businesses in financial distress with the tools to survive, preserve jobs and maximise value for creditors.

Finally, in Guernsey, where guarantors face a unique intersection of English and customary law protections, our team examine the first judicial discussion of the "droit de discussion" legal principle on the island.

Enjoy reading all of this and more in this edition of In your Court. If you have any questions, please reach out to your regular Ogier contact or any member of our global Dispute Resolution team. 

Petitioning on the basis of foreign judgments: the impact of Drelle in offshore jursidictions

The English Court of Appeal, in Servis-Terminal v Drelle [2025] EWCA Civ 62 (Drelle), ruled that a bankruptcy petition may not be presented against a debtor in reliance on a foreign judgment which has not been recognised in England. 

In the common law jurisdictions in which Ogier operates (the Cayman Islands, BVI, Guernsey, Jersey and Ireland), such Court of Appeal judgments have persuasive effect, but are not strictly binding. This has therefore raised an important question in those jurisdictions as to whether a judgment creditor still has standing to present a creditor's winding up petition on the basis of an unrecognised foreign judgment against the debtor, or whether recognition of the judgment must be sought in the first instance.  

Read more: Petitioning on the basis of foreign judgments: the impact of Drelle in offshore jurisdictions

Ogier successfully defends multimillion dollar Abraaj fraud claim

The Honourable Justice Segal of the Grand Court of the Cayman Islands has handed down his long-awaited judgment in the case of Abdulhameed Jafar v Abraaj Holdings and Others FSD 203 of 2020 (NSJ) (Abraaj). 

Ogier's Cayman Islands Dispute Resolution team successfully defended the Fourth Defendant alongside leading counsel Andrew Ayres KC of Twenty Essex, Henry Philips of South Square and Owen Lloyd of Essex Court and Debevoise & Plimpton in London.

Read more: Ogier successfully defends multimillion dollar Abraaj fraud claim

Irish High Court delivers landmark ruling on copyright infringement and illegal streaming devices

The Irish High Court has ordered the operator of an illegal streaming service to pay  €480,000 in damages to Sky UK Limited, signalling tougher consequences for copyright infringement, illegal sports streaming and unauthorised violation of broadcasting rights in Ireland.

Read more: Irish High Court on copyright and illegal streaming devices

Guernsey guarantor protections: the Etridge case principles and ‘droit de discussion’

Guarantors in Guernsey face a unique intersection of English and customary law protections, particularly when supporting loans or financial agreements in personal relationships.  

This article examines the evolving legal landscape for guarantors in Guernsey, focusing on the implications of the English case Royal Bank of Scotland plc v Etridge (No.2) (Etridge) and the first judicial discussion of the 'droit de discussion' legal principle on the island in the case of Sproge v Sinel Global Restitution Limited.

Read more: Guernsey guarantor protections: the Etridge case principles and droit de discussion

Ogier advises founder in successful High Court breach of duties defence

Ogier’s specialist contentious corporate team in Jersey, led by partner James Angus, has advised anti-piracy and cyber-security entrepreneur Jonathan Friend on the Jersey law aspects of his overwhelmingly successful defence of a High Court breach of duties claim.

Read more: Ogier advises founder in successful High Court breach of duties defence

Differentiated treatment of creditors under Luxembourg’s new restructuring law

On 7 August 2023, Luxembourg implemented the Directive (EU) 2019/1023 on preventive restructuring frameworks through the Law on the Preservation of Enterprises and Modernisation of the Bankruptcy Act (hereafter the Luxembourg Restructuring Act). The law became effective on 1 November 2023 and provides a court-led restructuring process (réorganisation judiciaire) designed to allow businesses facing financial difficulty to reorganise while maintaining business continuity. 

This article focuses on the classification of creditors under the Luxembourg Restructuring Act, exploring the possibility of differentiated treatment, and outlines the process for the adoption and approval of a restructuring plan, including through cross-class cram down mechanisms.

Read more: Differentiated treatment of creditors under Luxembourg’s new restructuring law

Securing certainty: the BVI Commercial Court grants declaratory and injunctive relief in complex cross-border dispute

Two judgments of the BVI Commercial Court handed down in Nabil Abdul-Massih & Ors v Ryan Paul Jarvis & Ors BVIHC(COM) 2023/0243, firstly by Justice Webster [Ag] and subsequently by Justice Mithani [Ag] at trial, address complex multi-jurisdictional issues of general application in the BVI. 

Partners Brian Lacy and Jeremy Snead, counsel Anna Snead and senior associate Emily Rivett, from Ogier's BVI Dispute Resolution team, acted for the Claimants, with successful outcomes at both the interlocutory stage and at trial.

Read more: Securing certainty: the BVI Commercial Court grants declaratory and injunctive relief in complex cross border dispute

Cayman Grand Court outlines relevant considerations for the appointment of provisional liquidators under section 104(3) of the Companies Act

The Grand Court of the Cayman Islands has provided helpful guidance to the relevant considerations for the Court on the use of section 104(3) of the Cayman Companies Act (2025 Revision).  

Section 104(3) allows the Court to appoint provisional liquidators if it considers it "appropriate to do so" and was historically used to facilitate the appointment of provisional liquidators for the purposes of restructuring a company.  

However, after the introduction of the restructuring officer regime in August 2022, the provision was amended to include broader wording, leaving some uncertainty as to the scope of the Court's power. 

Read more: Cayman Grand Court outlines relevant considerations for the appointment of provisional liquidators under section 104(3) of the Companies Act