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BVI insolvency proceedings - top creditor FAQs for 2023

Although every case is different, and needs to be considered on its own facts, some questions reoccur repeatedly.

Lawyer owed no duty to third parties when making wills – Important common law precedent: Dorey v Ashton [2023] GCA 564

The case demonstrates Guernsey common law-making as being influenced, but not bound by, English case law whilst looking to the case law of leading Commonwealth jurisdictions for persuasive guidance.

German ruling supports speedier challenges to patent validity

The German Patent Act stipulates that revocation claims are only admissible in Germany if the German Patent and Trademark Office (DPMA) or the European Patent Office (EPO) have formally "concluded" their granting procedures.

Ukraine granted permission to defend itself in UK trial over a $3 billion bond dispute

The UK Supreme Court has held (85-page / 564KB PDF) that it is necessary for Ukraine’s defence against non-repayment of the loan

Cayman Court of Appeal Provides Important Guidance on Leave to Appeal to the Privy Council in Re Changyou.com Limited

The Petitioners sought the Grand Court’s appraisal of the fair value of their shares pursuant to section 238 of the Companies Act.

Hogan Lovells wins appeal in decision affirming historic jury verdict in wrongful conviction case

By the time the brothers were released from imprisonment, Henry McCollum had spent longer on Death Row than any other North Carolina prisoner.

Fresh guidance on company director disqualification issued by Jersey’s Attorney General

The guidance has been issued in the run-up to the Moneyval inspection of Jersey’s financial services regulatory apparatus, which is due to begin later in 2023.

The impact on the Cayman Islands, BVI and Bermuda jurisdictions following the "momentous" decision of the UK Supreme Court in relation to directors' duties

The decisions of the English courts are not binding on these jurisdictions

An Uncertain Future? Assessing the Hong Kong Court's Reception of Cayman Insolvency Proceedings

There is optimism within the Cayman Islands legal and insolvency community that recognition of and assistance to a restructuring officer will be forthcoming from the HK Court.

Hogan Lovells comments on the Manchester Arena Public Inquiry Volume Three report

The report considers the evidence heard by the Chairman during the oral hearings

Implied terms and unjust enrichment: silence in court

The High Court held that Mr Barton was not entitled to anything as there was no contractual obligation on Foxpace to pay him if the property sold for less than £6.5 million.

Environmental lawsuits against Shell pick up speed

The lawsuit against Shell’s board is not the only claim currently brought against the oil company in the UK.

Freshfields acts for Deutsche Bank on major Court of Appeal contempt decision

That debt arises from a judgment in the bank’s favour against Sebastian Holdings given in 2013 in proceedings in which Freshfields also acted for the bank.

Spanish court raises questions over calculation of severance pay

Severance pay on termination in Spain is governed by the Workers’ Statute, with different levels of severance payable depending on whether the dismissal is ‘fair’ or ‘unfair’.

Cayman Islands: In the Matter of The X Trust and The Y Trust – FSD 57 of 2022 (IKJ)

Offshore Trust and Estate Litigation Update Series – Part I

Cayman Court fills in the gaps to supervise voluntary liquidation of ELP

Since the Partnership's term expired, the liquidation had made little progress

Sleeping Dogs Don't Lie: Court Draws Inference from Claimant's Inactivity

This intention can be inferred from its prior actions, and can put the burden on the claimant to provide a proper explanation.

Offshore Trusts-Limits of the Revenue Rule in Jersey (Re Mattas)

As a preliminary issue, the court determined that formal service through the Foreign, Commonwealth and Development Office pursuant to the State Immunity Act 1978 (as applied to Jersey) was not required

What documents are within a party's "control" for the purposes of preservation and disclosure in the English courts?

The disclosure rules under Practice Direction 57AD are clear that parties must take reasonable steps to preserve documents within their control

High Court allows disclosure of privileged documents to a foreign trustee

The discretion is to be exercised where it is “necessary” to protect the assets of the debtor or the interest of the creditors.

Court Cases