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Appointment of receivers over English property held by Jersey, Guernsey and British Virgin Islands entities

We are seeing an increasing number of enquiries from lenders and their advisors in respect of the practicalities of enforcement by receivers of English security granted by overseas entities. Real estate property transactions...more

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

BVI insolvency proceedings - top creditor FAQs for 2023

As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect to debts owed by BVI incorporated...more

Grand Court grants leave to enforce a foreign interim arbitration award

On 3 February 2023 the Grand Court of the Cayman Islands delivered a judgment in the matter of Nasser Sulaiman HM Al Haidar v Jetty Venkata Uma Mahewshawara Rao (FSD 328 OF 2022 (IKJ)) explaining its decision to grant leave...more

Information orders against exchanges to aid the recovery of misappropriated cryptocurrency

As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands, BVI and Bermuda Courts relating to crypto assets, we consider the English decision of LMN v Bitflyer...more

Winding Up and Arbitration Clauses: A timely reminder that he who hesitates is lost

In Sian Participation Corp. (In Liquidation) –v- Halimeda International Limited BVIHCMAP2021/0017 (“Sian”), the Eastern Caribbean Court of Appeal again had occasion to consider (amongst a number of other things) the...more

BVI Business Companies (Amendment) Act 2022 - Striking Off, Dissolution and Restoration of Companies

BVI Business Companies (Amendment) Act revisions effective 1 January 2023 - In our advisory Summary of Key Changes issued in September 2022, we discussed some of the key changes to the BVI Business Companies Act, 2004 (the...more

Directors’ Duties in the Zone of Insolvency: The Offshore Impact of Sequana

After much anticipation, the UK Supreme Court has handed down its judgment in BTI 2014 LLC v Sequana S.A. [2022] UKSC 25 - and has authoritatively set the baseline for how directors’ duties evolve as regards shareholders and...more

Pre-enforcement Steps and Enforcement Action Under Bermuda, BVI and Cayman Law

The full strength of the economic headwinds facing the UK economy is not yet clear, but a helpful recent report by insolvency and restructuring adviser Begbies Traynor provided some useful numbers around the attitudes of...more

BVI Business Companies (Amendment) Act 2022 - Summary of Key Changes

BVI Business Companies (Amendment) Act revisions effective 1 January 2023 - The BVI Business Companies (Amendment) Act, 2022 (“BCA Amendment Act”) which amends the BVI Business Companies Act, as amended (the “BCA”) was...more

BVI Business Companies (Amendment) Act 2022 - Summary of Key Changes

BVI Business Companies (Amendment) Act revisions effective 1 January 2023 - The BVI Business Companies (Amendment) Act, 2022 (“BCA Amendment Act”) which amends the BVI Business Companies Act, as amended (the “BCA”) was...more

Is cryptocurrency likely to be accepted by the Cayman Islands and BVI Courts as a form of security?

As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands and the BVI Courts relating to crypto assets, we consider the recent English decision of Tulip Trading...more

Can the controllers of crypto exchanges in offshore jurisdictions be held liable for the funds stolen by crypto fraudsters through...

Courts in offshore jurisdictions have started to adopt the decisions of the English Courts when granting relief with respect to the dissipation and recovery of crypto-assets. One example is the recent decision in ChainSwap v...more

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