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Splitting the costs: The BVI Court retains a discretion to order costs at the end of the liability phase of a split trial
On 17 January 2024, the Eastern Caribbean Court of Appeal handed down its decision in Lau Man Sang, James…
FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”
In a recent decision of the Privy Council in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding, on appeal from the Cayman Islands, the…
Shareholders of a Cayman Islands company may enforce their right to wind up the company on just and equitable grounds notwithstanding ongoing related foreign proceedings
The recent Cayman Islands Grand Court decision in Re Youbi Capital (Cayman) GP has clarified the position regarding an application to strike out a winding up petition as an abuse of process where related proceedings are taking place in another jurisdiction.
English Court of Appeal refuses an anti-suit injunction to restrain US discovery application
In Soriano v Forensic News LLC and Ors the English Court of Appeal has recently clarified the approach of the English courts to an application for an anti-suit injunction restraining a US 1782 application. A 1782 application is an application under Section 1782 of Title 28 of the United States Code by a litigant in non-US proceedings seeking to obtain discovery from a person who resides in the US for use in the non-US proceedings.
Cayman court refuses adjournment application due to sanctions
In a recent case, In the Matter of Energicon Holdings (Caymans) (In Official Liquidation), the Grand Court of the Cayman Islands granted sanction for the sale of company assets and approved remuneration pursuant to an application by the company’s liquidators. In what would usually be a straightforward application, the issue of a sanctioned individual and the fundamental right of access to the Court was explored by Justice Kawaley.
EC CoA clarifies the Duomatic principle for shareholder assents
On 9 January 2023, the Court of Appeal affirmed a BVI Commercial Court trial judgment finding that a common understanding did not amount to Duomatic asset.
Sundown again: Privy Council reinstates liquidation order of first instance judge to remedy unfair prejudice
On 15 December 2022, the Judicial Committee of the Privy Council (JCPC) handed down a unanimous decision in Yao Juan v Kwok Kin Kwon & Crown Treasure JCPC 2020/0010 reversing the decision of the Eastern Caribbean Court of Appeal not to liquidate a BVI company whose director and shareholder was found to have engaged in unfairly prejudicial conduct.
Third time’s not the charm! Only in exceptional cases will the Privy Council entertain appeals against concurrent findings of fact from the Court of Appeal
On 10 November 2022, the Privy Council handed down its decision in Sancus Financial Holdings Ltd and others (Appellants) v Holm and another (Respondents) reaffirming its long-held practice to only entertain second appeals against concurrent findings of fact in exceptional cases.
Momentous decision of UK Supreme Court confirming directors’ duty to consider interests of creditors
The Supreme Court of the United Kingdom handed down a “momentous” judgment addressing directors’ duties and the extent to which they must act in the interests of creditors.
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