Litigation & Insolvency

Harneys has by far the largest litigation and insolvency department in the British Virgin Islands, more than twice the size of any other, and the fastest growing litigation and insolvency practice in the Cayman Islands. We have a reputation for providing accurate, clear and timely advice to our clients who include international law firms, insolvency practitioners, investment funds, banks and other financial institutions, trust companies and corporates. Particular emphasis is placed on commercial matters and a large proportion of our work is connected with high profile multi-jurisdictional commercial and insolvency disputes.

We have been at the forefront of the development of BVI jurisprudence, and involved in virtually every significant piece of litigation in the BVI. We have acted, and continue to act, for some of the world’s largest corporations including Alfa, Barclays, HSBC, Credit Suisse, Rusal, BP, TNK and Sibneft, as well as the world’s leading law firms. 

General Commercial Litigation

Our expertise includes banking and contractual disputes, insurance, warranty claims, property and employment disputes, and professional negligence. We also act for many local banks, trust companies and land developers.  

Fraud and Asset Tracing

We have acted in numerous fraud and tracing claims both in a civil litigation and insolvency context. These actions have included urgent applications for disclosure, freezing and receivership orders. We were the first legal firm in the BVI to successfully obtain a Norwich Pharmacal order and have obtained more orders of this nature than any other firm.  

Company Advice

We have been at the forefront of advice to companies, shareholders and directors in the areas of directors’ duties, minority shareholders’ rights and, in particular, advice on investment funds. We also provide expert witness evidence on BVI law.  

Insolvency

Our contentious insolvency lawyers in BVI and Cayman have experience in acting for companies, secured and unsecured creditors, and directors. Most of our liquidation work includes cross border issues, commonly acting for insolvency practitioners securing assets abroad. We also have well established expertise in receivership work, schemes of arrangements and restructuring advice and significant expertise in dealing with the liquidation or restructuring of complex financial structures including hedge funds, managed accounts, fund of funds and derivative structures.  

Administrative Law and Judicial Review

We have an active group advising regulated entities on all aspects of financial services and regulatory matters. The group also advises on judicial review and hearings before statutory bodies.  

Trust Litigation

We work closely with our trusts department and advise trustees, beneficiaries and third parties on all aspects of trusts, including applications for variations, disclosure of documents, compromises, capacity issues and directions, as well as breach of trust claims.

Contact Phillip Kite for more on Litigation & Insolvency.