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  • Article

    Modified Universalism In The Context Of Officeholder Sanction Applications

    Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023)...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Walking The Tightrope - Illegally Obtained Evidence, Privilege And The Iniquity Exception

    In two recent cases, the British Virgin Islands Commercial Court had the opportunity to clarify the effect of section 125 of the Evidence Act 2006.
    British Virgin IslandsLitigation, Mediation & Arbitration
Harneys
Harneys
  • Article

    A Guide To Appeals To The BVI Privy Council Following Lengthy Delays To Court Judgments

    Charles Dickens's description of the fictional case of Jarndyce v Jarndyce in Bleak House has created a reputation for the legal system of interminable delay and expense...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Implications Of The BVI Court's Charging Order Judgment In JTrust Asia Pte Ltd v Konoshita

    In our first article, we noted how the jurisdiction that was vested in the BVI High Court to make charging orders, upon its establishment in 1969, was the same as the jurisdiction that had been vested in the English High Court as at 1 January 1940.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    Redemptions From Fraudulent Investment Funds

    The collapse of an investment fund affected by a fraud will often lead to disputes between the investors who were paid out before the discovery of the fraud, the investors who gave notice to redeem ...
    British Virgin IslandsCriminal Law
    Conyers
    Conyers
  • Article

    BVI Cross-Border Litigation: The Current State Of Cost Recovery

    The Legal Profession Act 2015 (as amended) introduced significant changes to regulation of the legal profession in the BVI, including restrictions aimed at preventing persons not admitted in the BVI from recovering fees.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The Privy Council Clarifies The Law On Default Judgments In The Eastern Caribbean

    In the recent Judicial Committee of the Privy Council (the Privy Council or the Board) decision in Lux Locations Ltd. v Yida Zhang...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    BVI Court Holds That Judgment Creditors Must Wait Six Months Before Seeking An Order For The Sale Of Charged Property

    The saga involving the British Virgin Islands High Court's jurisdiction to enforce its judgments by making charging orders against company shares or other personal property has taken another turn.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    Garkusha Under The Spotlight

    In the second of two articles evaluating the BVI courts' recent approach to the recovery of foreign lawyers' fees under adverse costs orders in commercial litigation, Tameka Davis, counsel at Conyers, Dill & Pearman in the British Virgin Islands, ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The Last Rites For The Siskina?

    On 4 October 2021, the Judicial Committee of the Privy Council delivered its much anticipated decision in Broad Idea International Limited v. Convoy Collateral...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    In The Courts: Companies

    In Antow Holdings Limited v. Best Nation Investments Limited, a case concerning a challenge to the transfer of shares, the Eastern Caribbean Court of Appeal ...
    British Virgin IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Privy Council Decision On Directors Duties And Concurrent Findings Of Fact

    The reason given by WKY and WKC for the Conversion was, among other things, that it was required for financing purposes.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    BVI Norwich Pharmacal Relief: An International Problem Resolved

    The BVI Commercial Court has just delivered a judgment that answers the question raised in the BVI as a result of two English decisions questioning the availability of Norwich Pharmacal relief for the purposes of overseas proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    How Claims Work In The BVI

    We have created this guide to cover frequently asked questions on how claims and the claims process works here in the British Virgin Islands.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Focus On Injunctions In The Light Of Paraskevaides - Service Of An Injunction Outside The BVI Prior To The Issue Of Proceedings

    In its judgment given on 30 March 2020 in Paraskevaides v Citco[1], the Eastern Caribbean Court of Appeal considered a range of issues on appeal from the Commercial Court
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    From Duty To Danger: Director Liability In The Zone Of Insolvency

    The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) (the "BVI Court of Appeal") in Byers & Others v Chen Ningning ("Byers") has affirmed and provided important clarification...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Fraud Unravels Everything – How The BVI Courts Can Assist

    Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found...
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Asset Tracing In The British Virgin Islands

    In this article, we will discuss some of the tools available to a party in the British Virgin Islands (BVI) to seek to recover property, or proceeds of property, which have been misappropriated.
    British Virgin IslandsCriminal Law
    Harneys
    Harneys
  • Article

    Grand Court Orders The Repayment Of Redemption Monies: Preferences And Clawing Back Redemption Payments

    Weavering Macro Fixed Income Fund was placed into liquidation in March 2009 after it was revealed that the Fund's main asset, being a basket of interest rate swaps entered into with a related entity, were worthless.
    British Virgin IslandsFinance and Banking
    Mourant Ozannes
    Mourant Ozannes
  • Article

    Claims By Insolvent Companies Against Fraudulent Directors

    On 22nd April 2015, the Supreme Court of the United Kingdom gave judgment in Jetivia SA v Bilta UK Limited (in liquidation) [2015] UKSC 23.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Forbes Hare
    Forbes Hare
  • Showing 221–240 of 275 results

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