Blog

In its recent decision in JSC VTB Bank v Pavel Skurikhin & Ors the English Court of Appeal dismissed as an abuse of process a challenge to a receivership order where the receivers sought to enforce a judgment of the Court.

The Privy Council has rendered its long-awaited decision in the Eurochem proceedings, overturning the Eastern Caribbean Court of Appeal and reaffirming that the case should proceed in the BVI. Harneys acted for the successful appellant, Eurochem.

A recent decision of the Cayman court has resolved a challenge to the enforcement of a charge over shares, in a decision that will be welcomed by lenders.

In the 19 November 2020 Hong Kong decision of Re China Huiyan Juice Group Ltd [2020] HKCFI 2940, Mr Justice Harris highlights the difficulties associated with attempting to wind up a foreign (in this case, Cayman Islands) company in the Hong Kong Court rather than in the jurisdiction of the company’s incorporation.

In Sun Cheong Creative Development Holdings, the Cayman Islands Court appointed "light touch" restructuring provisional liquidators to the company despite there being competing winding up proceedings against the company in Hong Kong.

The Delaware Supreme Court has delivered the latest of a series of recent appraisal decisions concerning the determination of fair value under 8 Del. C. § 262(a): Brigade Leveraged Capital Structures Fund and Brigade Distressed Value Master Fund Ltd v Stillwater Mining Co. ​