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Results: 1-10 of 40

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


“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


Out in the cold: how a victim can prevent dissipation of assets pending trial
  • Harney Westwood & Riegels
  • British Virgin Islands
  • July 28 2011

BVI courts are well versed in the provision of relief orders designed to preserve assets pending the resolution of a dispute


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 of Appeal considers enforcement issues
  • Harney Westwood & Riegels
  • British Virgin Islands
  • September 15 2011

The Eastern Caribbean Court of Appeal recently handed down the latest decision in the long-running Alfa Telecom Turkey Limited v Cukurova Finance International Limited case


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


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


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

In another of a series of restoration cases the Court ruled that a company formally in voluntary liquidation before dissolution will not be restored to liquidation following restoration, but instead will be put back in good standing, and that a restoration application is now granted in only very limited circumstances


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