Nicholas Brookes
Partner | Legal
British Virgin Islands
Nicholas Brookes
Partner
British Virgin Islands
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In Your Court: Offshore Dispute Resolution Review - May 2021
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In Your Court: Offshore Dispute Resolution Review - May 2021
Demand for offshore Dispute Resolution services continues to grow across many jurisdictions in Asia, with notable demand in the areas of shareholder disputes, valuation disputes, insolvencies, and schemes of arrangement.
Our team members across the globe are well placed to respond to this growth in demand, regularly acting in the most significant BVI and Cayman law cases in the region.
Another noticeable global trend is an increasingly robust approach from regulators, so it remains essential for companies to ensure that governance arrangements, systems and controls remain fit for purpose and, if issues do arise, to engage with the regulator proactively.
Enjoy this edition of In Your Court and please get in touch with your usual Ogier contact or any member of the team if you would like to discuss these topics further.
Meet our global Dispute Resolution team.
Our latest Snapshots: to-the-point summaries of key areas of law
- Appealing civil judgements in Guernsey
- Arbitration in the British Virgin Islands for Asia-based parties
- Notification injunctions in the Cayman Islands
- Enforcement against real property in Guernsey - Saisie
Approach to interest and costs in section 238 proceedings confirmed in the Cayman Islands
Jeremy Snead, Shaun Maloney, and Farrah Sbaiti
In the recent judgement of In the Matter of Qunar Cayman Islands Limited, the Grand Court of the Cayman Islands confirmed and clarified how interest on awards in section 238 proceedings is to be calculated, and how the costs of such proceedings are to be determined.
Director disqualification: 12-year disqualification penalty imposed in Guernsey
Alex Horsbrugh-Porter and Michael Rogers
When considering the sanctions imposed on directors of Guernsey companies for misconduct or breaches of the Companies (Guernsey) Law, 2008 (or indeed other applicable regimes which directors must adhere to) arguably the most serious sanction which can be imposed is a disqualification order. Such an order can, at its highest, be career ending for a director, with the maximum period of disqualification being 15 years. In this article, we examine the recent decision of The Guernsey Financial Services Commission –v- Peter Edward Dawson-Ball [2020] GRC084.
Ogier's Hong Kong Dispute Resolutions partners on trends in Asia
Oliver Payne, Justin Davis, and Michael Snape
In this Q&A, head of Dispute Resolution Oliver Payne and partners Justin Davis and Michael Snape share some insights into their professional backgrounds and the market trends they've been seeing.
Practical guides to avoiding a referral to the JFSC
Daniel Maine
With the JFSC taking - and wanting to be seen to be taking - an increasingly robust approach, many regulated forms are looking for clear guidance on how best to understand and implement increasingly complex regulatory guidance. In this series of user-friendly guides, our regulatory team walk you through the key topics of how to avoid a referral, what to do if you are referred, how best to identify and manage conflicts of interest and how your firm should approach AML to ensure compliance.
New rules to make commencement of proceedings before the BVI Commercial Court more straightforward
Nicholas Burkill and Nicholas Brookes
The results of the Eastern Caribbean Supreme Court's wide-ranging review of its Civil Procedure Rules were recently distributed to BVI Bar Association members, with proposed changes set to make the commencement of proceedings before the BVI High Court involving defendants not in the jurisdiction significantly more straightforward. One of the review's recommendations is to remove the requirement to obtain the court's permission before court process, including a claim form, may be served out of the jurisdiction.
Short-form mergers - Changyou judgement confirms appraisal rights in the Cayman Islands
Marc Kish, Oliver Payne, Jeremy Snead, Shaun Maloney, Farrah Sbaiti
The Cayman Islands Grand Court has confirmed that shareholders of companies that effect a 'short-form' merger pursuant to section 233(7) of Part XVI of the Companies Act (2021 Revision) (Act) are entitled to be paid the fair value of their shares on dissenting from the merger under section 238 of the Act. The eagerly awaited judgment in Changyou.com clarifies an issue, which had previously been the subject of extensive debate and provides welcome certainty to minority shareholders of Cayman Islands companies.
BVI Commercial Court provides guidance on the new statutory jurisdiction
David Welford and Sarah Latham
The BVI Commercial Court has recently provided guidance on the interpretation of the new statutory jurisdiction to grant free-standing interim relief in support of foreign proceedings. Claimant X v A TVI Company 2021/0037 was one of the first applications to be brought under section 24A of the Eastern Caribbean Supreme Court (Virgin Islands) Act.
Key contacts
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Nicholas Burkill
Partner | Legal
British Virgin Islands
Nicholas Burkill
Partner
British Virgin Islands
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Brian Lacy
Partner | Legal
British Virgin Islands, Jersey
Brian Lacy
Partner
British Virgin Islands, Jersey
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David Welford
Partner | Legal
Dubai
David Welford
Partner
Dubai
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Sarah Latham
Managing Associate | Legal
British Virgin Islands
Sarah Latham
Managing Associate
British Virgin Islands
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Jennifer Fox
Partner | Legal
Cayman Islands
Jennifer Fox
Partner
Cayman Islands
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Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
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Rachael Reynolds KC
Global Senior Partner | Legal
Cayman Islands
Rachael Reynolds KC
Global Senior Partner
Cayman Islands
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Anna Snead
Counsel | Legal
London
Anna Snead
Counsel
London
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Shaun Maloney
Partner | Legal
Cayman Islands
Shaun Maloney
Partner
Cayman Islands
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Farrah Sbaiti
Managing Associate | Legal
Cayman Islands
Farrah Sbaiti
Managing Associate
Cayman Islands
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Simon Davies
Partner | Legal
Guernsey
Simon Davies
Partner
Guernsey
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Bryan De Verneuil-Smith
Partner | Legal
Guernsey
Bryan De Verneuil-Smith
Partner
Guernsey
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Alex Horsbrugh-Porter
Partner | Legal
Guernsey
Alex Horsbrugh-Porter
Partner
Guernsey
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Sandie Lyne
Partner | Legal
Guernsey
Sandie Lyne
Partner
Guernsey
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Mathew Newman
Partner | Legal
Guernsey
Mathew Newman
Partner
Guernsey
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Michael Rogers
Managing Associate | Legal
Guernsey
Michael Rogers
Managing Associate
Guernsey
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Chloe Gill
Associate | Legal
Guernsey
Chloe Gill
Associate
Guernsey
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Oliver Payne 彭奥礼
Partner 合伙人
Hong Kong
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Michael Snape 石迈可
Consultant 顾问 | Legal
Hong Kong
Michael Snape 石迈可
Consultant 顾问
Hong Kong
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Nicholas Tam 谭柏荣
Associate 律师 | Legal
Hong Kong
Nicholas Tam 谭柏荣
Associate 律师
Hong Kong
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Oliver Passmore
Partner | Legal
Jersey
Oliver Passmore
Partner
Jersey
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Matthew Shaxson
Group Partner, Ogier Legal L.P. | Legal
Jersey
Matthew Shaxson
Group Partner, Ogier Legal L.P.
Jersey
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Nick Williams
Partner | Legal
Jersey
Nick Williams
Partner
Jersey
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James Angus
Partner | Legal
Jersey
James Angus
Partner
Jersey
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
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