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Results: 1-10 of 52

Derivatives, double derivatives and unfair prejudice
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 7 2013

N a recent decision concerning Sections 184C and D of the BVI Business Companies Act 2004, Microsoft made an application for leave under Section 184C


Redemptions in kind the end of the road for in specie distributions?
  • Harney Westwood & Riegels
  • Cayman Islands
  • August 3 2012

In the recent case of Re FIA Leveraged Fund the Grand Court considered whether an in specie distribution properly discharged the Fund’s liability to redeeming investors


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


Eastern Caribbean Court of Appeal considers enforcement issues in Alfa v Cukurova
  • Harney Westwood & Riegels
  • British Virgin Islands
  • August 30 2011

On 20 July 2011 the Eastern Caribbean Court of Appeal (“ECCA”) handed down the latest decision in the long running case of Alfa Telecom Turkey Limited v Cukurova Finance International Limited and Cukurova Holdings AS


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


Duties of independent non-executive directors of an investment fund: the Weavering judgment
  • Harney Westwood & Riegels
  • Cayman Islands
  • September 12 2011

The judgment of the Grand Court of the Cayman Islands in Weavering Macro Fixed Income Fund Limited (in Liquidation) v Stefan Peterson and Hans Ekstrom has been seized upon by the financial services industry in the Islands as invaluable guidance, albeit in fact specific circumstances, as to the standard of performance expected of the board of directors of a Cayman Islands domiciled fund


Eastern Caribbean Court dismisses Fairfield's BVI appeals
  • Harney Westwood & Riegels
  • British Virgin Islands
  • June 14 2012

In an important and detailed ruling emanating from the colossal Bernard Madoff fraud, the Eastern Caribbean Court of Appeal has dismissed Fairfield Sentry Limited's appeals and upheld two previous judgments of the BVI Commercial Court


Madoff feeder fund in major court reversal
  • Harney Westwood & Riegels
  • British Virgin Islands
  • June 29 2012

In a series of decisions before the BVI Commercial Court and Eastern Caribbean Court of Appeal, the liquidators of Fairfield have suffered significant reversals in their claims against investors


Grants ad colligenda bona securing estate assets at risk pending administration
  • Harney Westwood & Riegels
  • British Virgin Islands
  • December 6 2011

When the assets of an estate are endangered by delay in its administration, the court has a general power to make a limited grant of administration in order to preserve assets of the deceased within the jurisdiction without waiting until those entitled to a grant have applied


BVI injunctions in aid of foreign divorce proceedings
  • Harney Westwood & Riegels
  • British Virgin Islands
  • April 27 2012

Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings