Searching Content indexed under Trials & Appeals & Compensation by Harneys ordered by Published Date Descending.
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The Pacific Andes Saga: Forum Shopping, Chapter 11 And Just And Equitable Winding Up
‘Forum shopping' can lead to some fierce jurisdictional battles particularly in insolvency where the choice can be stark between debtor and creditor friendly procedures
British Virgin Islands
11 Aug 2017
Divided Loyalties – The Issue Of Directors' Duties In Joint Ventures
Every company lawyer is taught from an early stage that a director owes their duties to the company, and not to the shareholders or any individual shareholder.
British Virgin Islands
8 Jun 2017
LATAM Focus: Litigating Trusts Disputes In The BVI
The British Virgin Islands has long been hailed as a leading offshore jurisdiction for wealth management and asset protection amongst Latin American high net worth families and individuals.
British Virgin Islands
20 Apr 2017
Widening The Net: BVI Court Expands Post Judgment Norwich Pharmacal Jurisdiction
In UVW v XYZ, the BVI Court gave an important judgment in relation to the obligations of a registered agent to provide third party disclosure to assist a foreign judgment creditor trace assets.
British Virgin Islands
9 Nov 2016
Incredible Power - Leave Requirements In A Derivative Action BVI BCA 2004
Harneys recently acted for the successful claimant on an application for her costs of a discontinued strike out application which was brought by the defendants...
British Virgin Islands
3 Oct 2016
BVI Commercial Court Appoints The Honourable Mr Justice Davis-White QC
Harneys is pleased to report the appointment of Malcom Davis-White QC as a Commercial Court Judge for the Michaelmas Term 2016. He is a leading silk with wide ranging commercial experience...
British Virgin Islands
7 Sep 2016
BVI Costs Clarity: Court Finds Foreign Lawyers' Costs 'Generally Recoverable'
In the recent decision of Garkusha v Yegiazaryan and Ors the Court of Appeal created some doubt as to the recoverability and legality of foreign lawyers working on matters being litigated before the Courts in the BVI.
British Virgin Islands
27 Jul 2016
New York Supreme Court Rules That Derivative Claims Under Cayman Law Must First Go Through The Cayman Courts
The plaintiff was a shareholder of a company incorporated in the Cayman Islands (the Company).
Cayman Islands
5 Jul 2016
At What Costs? Court Of Appeal Ruling Raises Questions About BVI Legal Profession Act
In Garkusha v Yegiazaryan and Ors (BVIHCMAP 2015/0010), the full Court of Appeal held that the fees of foreign lawyers not licensed under the Legal Profession Act 2015 (the Act) are not recoverable in a costs assessment.
British Virgin Islands
16 Jun 2016
Terrorism's Impact Upon Privity Of Contract In Bermuda
The link between terrorism and the erosion of privity of contract in Bermuda is not immediately discernible.
1 Jun 2016
BVI Commercial Court Appoints Two New Judges
Harneys is pleased to report the appointments of Justice Sher QC and Justice Wallbank to the BVI Commercial Court, as Commercial Court Judges, commencing in May.
British Virgin Islands
3 May 2016
Supreme Court Of Bermuda Revisits Seldom-Relied Upon Quia Timet Jurisdiction Of The Old Courts Of Chancery
In what proved to be a late Christmas present for the board of International Investments Enterprises Ltd (IIEL), Harneys Bermuda successfully invoked the now seldom relied upon quia timet, "because he fears" jurisdiction of the Supreme Court of Bermuda.
3 May 2016
Disclosure Of Information In The BVI
Disclosure orders constitute a very powerful weapon for the tracking down and recovery of assets.
British Virgin Islands
20 Apr 2016
Backdating Contracts And Other Documents And Instruments
One of the thornier issues which comes up in legal practice from time to time is the backdating of documents.
British Virgin Islands
19 Apr 2016
Black Swan: "Stand-Alone" Injunctions In Support Of Foreign Proceedings
The BVI court has jurisdiction to grant "stand-alone" injunctions in support of foreign proceedings.
British Virgin Islands
19 Apr 2016
Appointment Of Receivers In The British Virgin Islands
The Receiver represents arguably the most powerful weapon in the armoury available for asset tracing into the BVI.
British Virgin Islands
19 Apr 2016
The Indah Kiat Scheme – Inadequate Notice And Much More
Indah Kiat is part of the Asia Pulp and Paper (APP) Group of Companies which focuses on manufacturing pulp, paper and packaging related products.
24 Mar 2016
Baha Mar: David Vs Goliath In The Fight Over Insolvency Proceedings Of A Bahamas Company
The decision by the US Bankruptcy Court in Re Northshore Mainland Services, Inc et al (Case No 15-11402-KJC) (Baha Mar) shows sensible judicial restraint in favour of offshore courts (where appropriate).
23 Mar 2016
Fairfield Sentry - New Guidance From The BVI Court
After the decision of the Privy Council in April 2014, the long running Fairfield Sentry case continued today with the new judgment of Leon J. concerning the status of the related US Bankruptcy Court proceedings.
British Virgin Islands
23 Mar 2016
BVI High Court Confirms That Exercise Of Discretion To Wind Up A Company Not Dependent On "A Head Counting Exercise"
Whilst the wishes of the majority of creditors (whether in number or by value) is an important factor in many decisions made within insolvency processes...
British Virgin Islands
19 Mar 2016
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