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Results: 1-10 of 49

Alfa v Cukurova,Part VII
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 5 2013

Like a low budget horror film, the Alfa v Cukurova litigation seems to have an inexhaustible supply of sequels. However, beyond a propensity for


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


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


Discounted valuation
  • Harney Westwood & Riegels
  • British Virgin Islands
  • September 22 2011

In a recent test case parties agreed a "protocol" to value the shares following a section 176 forced redemption


Weavering judgment provides invaluable guidance
  • Harney Westwood & Riegels
  • British Virgin Islands
  • September 22 2011

In the Cayman Islands, a ruling in the Weavering case has provided fund directors with some invaluable guidance on what’s expected of them


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


Litigation update: free-standing relief under Black Swan orders
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 22 2012

Before 2010, freezing injunctions in the British Virgin Islands were available only ancillary to a substantive domestic cause of action against the respondent


Getting it right when it all goes wrong: appraising the fair value of minority shares
  • Harney Westwood & Riegels
  • British Virgin Islands
  • September 19 2011

In July 2011, in a case called HRH Prince Faisal v PIA Investments BVIHC(Com) 201103, the British Virgin Islands’ (“BVI”) High Court considered whether parties could contract out of the BVI statutory mechanism for the appraisal of shares following a forced redemption by the majority (often referred to as the “squeeze out” of minority shareholders