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Results: 1-10 of 14

Exercise of discretion to wind up company not "head-counting exercise"
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 24 2016

Although the wishes of the majority of creditors (whether in number or by value) is an important factor in many decisions made in insolvency


Arbitration agreements and insolvency proceedings
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 11 2016

Recently, the British Virgin Islands has seen a trend wherein debtors involved in winding-up proceedings have sought to identify what appear to be


Voluntary liquidation: an almost irreversible procedure
  • Harney Westwood & Riegels
  • British Virgin Islands
  • November 26 2015

Can a company that has been voluntarily wound up be restored to good standing on application by a former shareholder, liquidator or director who has


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


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


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


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