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Articles

Legal analysis by Harneys lawyers
by Phillip Kite

Restructuring and Insolvency - BVI adopts guidelines for communication and cooperation between courts

The BVI today adopted new guidelines for communication and cooperation between courts in cross-border insolvency matters. The initiative, which was the result of work by the Judicial Insolvency Network[1], has proved very popular. The BVI is the...

Litigation - BVI Commercial Court appoints three new judges

Harneys is pleased to report three judicial appointments to the BVI Commercial Court which are designed to increase the capacity of the Court in 2017. Justices Gerhard Wallbank and Roger Kaye QC are appointed to terms...

Litigation - BVI Costs Clarity: Court finds foreign lawyers' costs 'generally recoverable'

The BVI Commercial Court has today handed down new guidance which clarifies its position on the recoverability of foreign lawyers’ costs and underlines the Court’s clear intent to accommodate and provide practical solutions for international...

Tax and Regulatory - At what costs? Court of Appeal ruling raises questions about BVI Legal Profession Act

In Garkusha v Yegiazaryan and Ors (BVIHCMAP 2015/0010), the full Court of Appeal held that the fees of foreign lawyers not licensed under the Legal Profession Act 2015 (the Act) are not recoverable in a costs assessment. However, in seeking to settle...

BVI - BVI Commercial Court appoints Hon Sir Bernard Eder QC as Judge

Harneys is pleased to report the appointment of the Hon Sir Bernard Eder QC to the BVI Commercial Court, as Commercial Court Judge, from 13 June to 10 July. Justice Eder’s distinguished career as a barrister, Judge and arbitrator has spanned nearly...

BVI - BVI Commercial Court appoints two new judges

Harneys is pleased to report the appointments of Justice Sher QC and Justice Wallbank to the BVI Commercial Court, as Commercial Court Judges, commencing in May. Justice Sher QC will be the first rotating Judge, sitting from 2 May to 10 June 2016....

Restructuring and Insolvency - Disclosure of Information in the BVI

Disclosure orders constitute a very powerful weapon for the tracking down and recovery of assets. Given the strict statutory and regulatory requirements for keeping records of beneficial ownership and other data (see our guide on confidentiality...

Distressed Funds - Fairfield Sentry - New Guidance from the BVI Court

After the decision of the Privy Council in April 2014, the long running Fairfield Sentry case continued today with the new judgment of Leon J. concerning the status of the related US Bankruptcy Court proceedings. Background Fairfield Sentry and...

BVI - The BVI's new Legal Profession Act: What English QCs need to know

In late 2015, after nearly a decade of consultation and back-and-forth, the BVI passed into law a new Legal Profession Act (LPA) regulating inter alia admissions and practice. However, it quickly became apparent that much of the subsidiary legislation...

BVI Litigation & Insolvency - BVI Insolvency Law in 60 Seconds

An essential, short-form primer on BVI insolvency law written by Harneys Partners Phillip Kite, Colin Riegels and Andrew Thorp.

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