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Results: 1-10 of 11

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

Enforcing orders made in foreign insolvency proceedings

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands, Cayman Islands, United Kingdom
  • -
  • October 24 2012

This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v. Eurofinance SA 2012 UKSC 46, which was handed down on 24 October 2012

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

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

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

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

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

Madoff litigation

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

In Irving H. Picard v Bernard L. Madoff Investment Securities LLC, BVIHCV 01402010, the trustee appointed in the liquidation of the business of Bernard L. Madoff Investment Securities LLC (“Picard” and “BLMIS”) sought, amongst other things, (i) recognition in the BVI as a foreign representative; (ii) an entitlement to apply to the BVI Court for orders in aid of the foreign proceeding; and (iii) an entitlement to require any person to deliver up to him any property of BLMIS

Liquidators’ fees and the setting aside of a winding up order: who pays?

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

The recent decision in Pacific China Holdings Limited v Grand Pacific Holdings Limited, BVIHCV 2009389 sets out the view of the BVI Commercial Court as to who, if anyone, should be responsible for the remuneration of liquidators where a liquidation order is set aside on appeal

Restoration of companies to the register

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

In Yeung Kwok Mung v The Attorney General and the Financial Services Commission, BVIHCM 20110002 and Dedyson Enterprises Limited v Registrar of Corporate Affairs, BVIHCM 20110008, the BVI High Court Commercial Division addressed the principles applying to restoration applications under section 43 of the BVI Business Companies Act (the "BC Act"