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Collas Crill Caribbean and Bermudian Brief – key offshore updates in one place
Welcome to the Collas Crill Caribbean and Bermudian Brief – a concise round-up of significant recent decisions and legal developments affecting offshore and cross-border litigation.
This edition covers:
Privy Council (from the Court of Appeal of the Cayman Islands)
Aquapoint LP (in Official Liquidation) v Xiaohu Fan [2025] UKPC 56
Exempted Limited Partnership (ELP), just and equitable winding up, quasi-partnership not necessary for intervention of equity, ability of equity to override robust contractual clauses, availability of alternative remedies, derivative action
Did the Cayman Islands Court of Appeal err in holding that: (1) it was not bound to apply the rule in Henry v Geoprosco [1976] 1 QB 726; and (2) the Respondent has not submitted to the jurisdiction of the Pakistan courts?
Privy Council (from the Court of Appeal of Bermuda)
Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] UKPC 53
Fraudulent misrepresentation, requirement of awareness, measure of damages in respect of mismanaged discretionary investments, the double-actionability rule, doctrine of renvoi
United Kingdom Supreme Court
Fiduciary duties, companies in liquidation, equitable compensation
Supreme Court of Bermuda
Alpine Partners (BVI) L.P. and CMB Tech Bermuda Limited [2025] SC (Bda) 118 com
Application for expedited trial, merger appraisal, s.106 Companies Act 1981, application of Overriding Objective to trial directions
Cayman Islands (Court of Appeal)
Whether misrepresentation claims by shareholders are barred from proof in liquidation (Houldsworth rule); whether such claims, if provable, rank pari passu with or subordinate to other creditors; whether contractual waterfalls in Articles of Association affect priority of misrepresentation claims
Cayman Islands (Grand Court)
Re ATP Life Science Ventures LP [2025] CIGC (FSD) 106
Exempted limited partnership, winding up on just and equitable basis, application of CWR O.3, r.12(1)(a) or (b) to winding up of exempted limited partnership (ELP), whether court can order petition to proceed against partnership or against general partner, with partnership as subject matter
Re Asia Television Holdings Ltd [2025] CIGC (FSD) 104 - judgment date 30 October 2025
Insolvency, appointment of provisional liquidators on petition of company to facilitate restructuring, approach to exercise of power in Companies Act, s. 104(3), whether appointment of provisional liquidators is 'appropriate'
Raiffeisen Bank International AG v Scully Royalty Ltd & Oths [2025] CIGC (FSD) 97
Policing of world-wide freezing orders, asset disclosure, ex parte on short notice, s.37 English Senior Courts Act 1981, s.11 Grand Court Act (2015 Revision), practical utility, proportionality, disclosure of all substantial assets irrespective of the level of any cap set on freezing orders to allow policing of the order and avoid risk of assets being dissipated and judgment remaining unsatisfied
Eastern Caribbean Supreme Court, Territory of the Virgin Islands, Court of Appeal
BVI Arbitration Act, interim injunction to restrain arbitration; whether it is just and convenient to grant interim injunctive relief to restrain the respondents from pursuing second arbitration proceedings while an appeal is pending, whether to revoke order of the justice of appeal declaring that a single judge of the Court does not have jurisdiction to grant the interim injunction sought, Court of Appeal's supervisory jurisdiction over arbitration, relevant factors governing grant of injunction pending appeals, anti-suit arbitration injunction
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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