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BVI litigation update - case notes

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • June 23 2009

In recognition of the new BVI Commercial Court, Harneys is publishing quarterly Commercial Court case notes which summarise some of the more important judgments delivered by the Court

Do shareholders seeking redemption proceeds have standing to wind up a company?

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • September 23 2010

Yesterday, the ECSC Court of Appeal set aside the winding up order made in the case of Westford Special Situations Fund Ltd. v. Barfield Nominees Limited and another, and dismissed the Joint Liquidators appointed over the fund

Insolvent funds

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 26 2010

There continue to be numerous issues surrounding the "creditorinvestor" debate in funds litigation

BVI Commercial Court case notes - June 2011

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • June 23 2011

One of the largest cases in the BVI Commercial Court this year is the litigation brought by the liquidators of Fairfield

Finality of foreign judgments

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • September 22 2011

In an application to wind up a BVI company the BVI Court re-stated the rules on when a foreign judgment creates an issue estoppel

ECSC adopts important changes to Civil Procedure Rules

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • October 7 2011

As we reported in a client mailshot earlier this week, the Eastern Caribbean Supreme Court has made important amendment to its rules

Shell sheds light on Westford

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • October 26 2012

In the recent decision of Kenneth Krys and Joanna Lau (as Joint Liquidators of Fairfield Sentry Limited in Liquidation) and Stichting Shell Pension Funds, HCVAP 2011036, the ECSC Court of Appeal provided some clarification of its decision in Westford Special Situations Fund Limited v Barfield Nominees Limited et al HCVAP No

Redemption of shares and consideration

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • September 22 2011

In a decision of interest in a number of jurisdictions where these types of claims have been made, the BVI Commercial Court handed down judgment today in the claim brought by the liquidators of Fairfield Sentry Limited, a BVI fund which invested in Bernard Madoff’s investment vehicle