During the past few years, parties to complex investment structures, particularly highly leveraged structures, have been the subject of legal skirmishes, both in England and in the leading offshore jurisdictions. Many of these disputes have taken place in private, or have settled before getting to court. However, moves towards full litigation are becoming apparent.

One of the reasons for this is a growing perception that those in de facto control over these structures are pushing their ‘black-letter’ legal rights too far.