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Results: 1-10 of 39

Cayman court ruling on redemptions is significant legal marker for offshore funds

  • Harney Westwood & Riegels
  • -
  • Cayman Islands
  • -
  • January 13 2009

In the current economic climate many offshore funds are continuing to receive large numbers of redemption requests

Finding the centre: COMI in a multi-jurisdictional world

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands, Cayman Islands, United Kingdom
  • -
  • September 30 2009

The facts behind Mr. Justice Lewison’s recent judgment in Stanford (STANFORD INTERNATIONAL BANK LIMITED 2009 EWHC 1441 (Ch)) have no direct connection with either the British Virgin or Cayman Islands but lawyers there do have particular reason to note the more general principles around the seemingly vexed but important issue of COMI in the context of multi-jurisdictional insolvency

“Stand alone” injunctions

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

In the recent case of Black Swan Investment I.S.A. v Harvest View Limited the BVI High Court held that it was within its discretion to grant a “stand alone” freezing injunction in support of foreign proceedings

Arbitration and dispute resolution in the BVI

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 10 2011

The onset of the global financial crisis has placed increased focus on the BVI as an offshore jurisdiction

Case law update

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

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

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

Undoing trustee errors - an update on the Hastings-Bass principle and the law of mistake

  • Harney Westwood & Riegels
  • -
  • United Kingdom
  • -
  • March 22 2011

The principle established in 1974 in the case of Hastings-Bass (1975 Ch 25 (CA)) has in the past allowed a Court to set aside an action taken by Trustees who have failed to take some important factor (such as tax considerations) into account when deciding to take the action

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

Restoration of a BVI company following dissolution for the Asian market

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

The BVI company has enjoyed immense popularity and success in Asia as the offshore company of choice and enjoys an unrivalled reputation for cost effectiveness, flexibility, investor familiarity, ease of incorporation and low costs of maintenance

Insolvency position clarified in the BVI

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • April 4 2011

On Friday 1 April, the Court of Appeal handed down its much awaited written judgment in Westford Special Situations Fund Limited v Barfield Nominees et al

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