Nicholas Burkill
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Newsletter
19 October 2021
British Virgin Islands, Cayman Islands, Guernsey
2 min read
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As we move into Q4, 2021 continues to be one of our busiest years for our dispute resolution teams. They are involved in a broad range of large, high value and complex cases, involving numerous areas of work. These include contentious insolvency, commercial litigation, fraud and asset tracing, regulatory actions, professional negligence, and private client disputes or trust restructuring, amid other contentious matters.
We are also seeing the continuation and growth in the number of disputed valuation cases that involve the squeeze-out of minority shareholders – usually to facilitate a company’s subsequent public offering in China.
Earlier this month, the Privy Council chose to uphold BVI freestanding freezing injunctions, otherwise known as Black Swan injunctions, in a highly anticipated judgement. You can read more on this decision in Brian Lacy's article below. We also cover some of the fundamentals of recent cases from an offshore perspective in our Snapshots series, and update you on some important developments in our jurisdictions.
Enjoy In Your Court – and if you would like to discuss any of these topics further, please get in touch.
Meet our global Dispute Resolution team.
Our latest Snapshots: to-the-point summaries of key areas of law
BVI Commercial Court discharges injunction restraining privatisation of NASDAQ-listed BVI Company
Nicholas Burkill, Justin Davis, Jean Lau, James McDermott
A recent judgment from the BVI Commercial Court is a further example of the court's swiftness to exercise its jurisdiction in respect of BVI companies listed on US exchanges. The decision also serves as a reminder of the importance of an applicant's duty of full and frank disclosure and fair presentation in an ex parte hearing and the dangers of breaching that duty.
Brian Lacy
The Privy Council has handed down its much anticipated judgement in Broad Idea. By a majority, the Board:
Grand Court confirms test for liquidator independence
Gemma Lardner and Aleisha Brown
The Grand Court has recently provided helpful clarification as to the appropriate test to be applied when a dispute arises over the identity of the insolvency practitioners proposed to be appointed by a creditor or the company. In Global Fidelity Bank Ltd (in Voluntary Liquidation) the Court confirmed the 3-stage test for determining independence and that in applying the test, significant weight should be afforded to the views of the creditors.
Latest Cayman disputes from the Middle East
Jennifer Fox and Rebecca Findlay
There has been a marked increase in the volume of mandates for Ogier either originating from or involving structures with investment activities in the Middle East. Regional market drivers alongside a number of substantial fraud cases have propelled this growth. On the non-contentious side there is strong demand for Cayman investment funds and private wealth structures. This article explores recent Cayman litigation cases emanating from the Middle East.
Nicholas Burkill
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Brian Lacy
Partner | Legal
British Virgin Islands, Jersey
Partner
British Virgin Islands, Jersey
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James McDermott
Senior Associate | Legal
British Virgin Islands, Ireland
Senior Associate
British Virgin Islands, Ireland
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Rachael Reynolds KC
Global Senior Partner | Legal
Cayman Islands
Global Senior Partner
Cayman Islands
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Jennifer Fox
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Gemma Bellfield (nee Lardner)
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Rebecca Findlay
Managing Associate | Legal
Cayman Islands
Managing Associate
Cayman Islands
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Mathew Newman
Partner | Legal
Guernsey
Partner
Guernsey
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Partner 合伙人
Hong Kong
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Justin Davis 戴正霆
Partner 合伙人 | Legal
Hong Kong
Partner 合伙人
Hong Kong
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Nicholas Tam 谭柏荣
Associate 律师 | Legal
Hong Kong
Associate 律师
Hong Kong
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Oliver Passmore
Partner | Legal
Jersey
Partner
Jersey
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Nick Williams
Partner | Legal
Jersey
Partner
Jersey
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Shaun Maloney
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Partner
London, Cayman Islands, British Virgin Islands
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Anna Snead
Counsel | Legal
London
Counsel
London
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