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SEC Charges BNY Mellon Investment Adviser for Misstatements and Omissions Concerning ESG Considerations

The SEC’s investigation was conducted by Robert Baker and Michael Moran

Cayman court revisits winding up petitions against general partners

This decision will be welcomed by the private equity industry in particular

Default on a secured loan facility: the English High Court considers a lender's right to terminate

The Court therefore found that, although the termination notice did not specify a valid event of default, the notice was valid as it satisfied the contractual requirements conditions for a termination notice, as prescribed in the loan agreement.

Withers obtains worldwide injunction for Singaporean to freeze sale of rare Bored Ape Yacht Club NFT

The Singapore High Court’s injunction to protect an NFT is the first in Singapore and Asia, and the first globally in a purely commercial dispute. This injunction recognises NFTs as an asset.

Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account

It therefore rejected what would have represented a significant extension of the duty which would have required banks to monitor transactions for fraud not only with their customers in mind, but also any beneficial owners.

Riding the waves of recognition

On 6 April 2022, the Hong Kong Court granted the liquidators’ application.

Ex-UBS banker loses appeal over selling client data to Germany

It dismissed his argument that the lower court had conducted proceedings in an inadmissible manner.

Tax Tribunal confirms documents sought by HMRC were legally privileged

This decision reinforces the position that communications between a lawyer and client will generally attract LPP.

Cross-Claims and Applications for the Appointment of Liquidators

The Court of Appeal agreed with the Court below that the evidence did not establish any genuine or serious claim in conspiracy.

The widening scope of the Quincecare Duty

The Philipp case provides an excellent opportunity for financial instructions to review and improve their APP fraud measures.

Legal experts welcome Scottish courts’ new hybrid approach

At the Sheriff Appeal Court all procedural hearings, including permission hearings, will take place via WebEx or by written submissions.

An 'Unprecedented' Just & Equitable Winding Up of a Solvent Cayman Islands' Captive - Re Virginia Solution SPC Ltd

The decision also comes at a time when the Grand Court’s Financial Services Division has seen a steady flow of Winding Up Petitions being filed which seek compulsory winding up on the just and equitable basis.

‘No fault’ divorce – what you need to know

In this article we consider the introduction of ‘no fault’ divorce, the procedural changes and the importance of obtaining legal advice

Four Charged In Connection With Multi-Billion Dollar Collapse Of Archegos Capital Management

Sung Kook (Bill) Hwang – the Founder and Head of Archegos – and Three Others Charged with Racketeering and Fraud Offenses Related to Market Manipulation Scheme

Cayman Islands fund finance update: A potential respite from Padma?

The judgment also expressed the view that all legal proceedings against an ELP (i.e. not merely winding up petitions) must be brought against the general partner.

Cayman Islands Court of Appeal clarifies test for security for costs in context of recovery claims by official liquidators against former management

The Court was satisfied that its conclusion "involves no element of prejudgment on the substantive issues raised in the proceedings" and overturned the decision on appeal.

Court Cases