Phillip Kite

Disclosure of Information in the BVI

The Court of Appeal confirms that BVI liquidators can turn back time

The BVI year

Court of Appeal confirms that only fees incurred by BVI enrolled legal practitioners are recoverable

A foreign helping hand: US and Hong Kong discovery in support of Cayman Islands litigation

Position Paper on Parallel Schemes of Arrangement: the Harneys “Schemario Rules”

The Wrecking Ball vs the Crystal Ball – planning a parallel scheme of arrangement

New senior talent added to Litigation, Insolvency and Restructuring team at Harneys

Momentous decisions for trustees – Public Trustee v Cooper Applications in the BVI

Scheme sanction and uncompromised creditors

Stingray Trust: a tale of two representatives and two jurisdictions

Harneys recognised in Legal Week’s Private Client Global Elite 2021

Litigation funding in the Cayman Islands – The new Private Funding of Legal Services Act

Black Swan 2.0

Black Swan resurrected

Snapshot of key enforcement methods in the BVI

Eurochem claim to proceed in the BVI following successful appeal to Privy Council

Cayman court resolves potential problem in share mortgage enforcement

Harneys wins Who’s Who Legal’s Asset Recovery Firm of the Year

Cayman Islands Court facilitates restructuring opportunity for company facing an imminent Hong Kong insolvency winding up order

Harneys London recognised as top tier in Chambers UK rankings

Harneys London retains Tier 1 status for the 4th consecutive year

Black Swan, stayin’ alive

Privy Council analyses the validity of family trusts

The value of finality: BVI Court deals robustly with attempt to introduce evidence after judgment

BVI Commercial Court applies Chabra relief liberally in the wake of Broad Idea (No.2)

BVI Court grapples with principles of foreign law in enforcing multiparty arbitral award

It’s okay to stay: Recent BVI and English Cases in lockstep on exercise of discretion to stay winding up application in favour of arbitration

Directors, betrayal and authority - The Privy Council considers directors’ duties and an extension of the Duomatic principle

UK Supreme Court brings the distorted principle of “reflective loss” back into focus

Internal affairs: the New York Supreme Court applies Cayman Islands law on derivative actions

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd: Compatibility between the adjudication process and the insolvency regime

The Funds Download: Episode three - The Great Recession - When things go horribly wrong

The Funds Download: Episode two - A shadow over the global economy. What should I be thinking about now as the manager or an independent director of a Fund?

Norwich Pharmacal Relief - A Good Arguable Case v Reasonable Suspicion of Wrongdoing

Bermuda Courts join the move to virtual hearings during COVID-19 pandemic

We won - how much do we get in costs?

International conventions, the United Kingdom and their application to Overseas Territories

Hands off! EC court of appeal rules on beneficiaries’ standing to prevent interference with trust assets

Contempt of court for ticket touting in breach of court order

Judicial comity between Courts in the Cayman Islands and in Hong Kong

Overriding legal professional privilege - The iniquity exception

BVI confirms jurisdiction for the Pooling of Liquidation Assets matching that of the Cayman Islands

Real world implications for cross-border insolvency

People-Initiated Referendums: Grand Court breathes life into direct democracy

To what extent will the courts accept public policy as a defence to enforcement?

Harneys recognised for “best-in-class legal advice” – Chambers Global 2020

The cost of expert shopping

Victory for Shanda Games in Privy Council minority discount appeal

Hong Kong leads the way with its inaugural recognition of Mainland appointed Administrators

Exercising voting rights is not “dealing with” frozen assets

Zacaroli J provides guidance for sanction hearings

Vneshprombank: A lavish lifestyle is no bar to exception

Oops, they can read the redactions!

"Quincecare” duty arguable in $900m corruption case

Liquidator liability to pay costs as a non-party to litigation

UK High Court reaffirms right of creditors to use winding up process to pursue debts

Simply Read: Holding Back the Tears

Is a breakdown in mutual trust and confidence enough to wind a company up?

“Outstanding, user-friendly, practical” - Harneys London retains top tier ranking

Forum-shopping claimants rebuked by the English High Court

China Shanshui: Principles concerning declaratory relief at interlocutory hearings

What’s the chance? English High Court settles the test for causation in cases of fraudulent misrepresentation

Contractual Interpretation: Establishing the relevant ‘factual matrix’

No more games as website blocking injunctions make their mark

Remedying unauthorised profits – compensation or disgorgement?

Iranian indictment not proof of assets

Alleged Misconduct in Public Office: Boris v Westminster Magistrates’ Court

Vacation – a good time of year for lots of reasons – a potentially confusing time for BVI lawyers!

Crossing the line to cross-examination

They’ve Got The Power – BVI Court reaffirms power of liquidators to authorise specific share transfers

Trustees’ liens: first in time, first in line

The BVI Commercial Court discharges freezing orders due to lack of risk of dissipation, delay and non-disclosures

The inconvenient truth of multi-jurisdictional litigation

Privy Council confirms automatic right to appeal disclosure provisions within freezing orders

BVI: Norwich Pharmacal relief should be made on notice to the respondent

The judicial review 'filter' and need for open justice

Confidentiality in issuing Cayman Islands proceedings

The fallout from Maddoff continues; claw back of redemption proceeds

Taking charge: BVI Commercial Court delivers judgment on its jurisdiction to granting charging orders

Harmony across the pond - UNCITRAL Model Law on Cross-Border Insolvency

Reasonable endeavours clauses – “how hard do you have to work to make yourself liable to pay £1.4 million?”

Is it an abuse of process to prosecute a winding up petition following repayment of the undisputed tranche of an otherwise disputed debt?

Severe punishments in store for dishonest 'Experts'

Where the rules provide, discretion must abide: Friar Tuck Ltd. et al v International Tax Authority

Not in (Asia) Private: Court supervision of a solvent voluntary liquidation

Relief all round - BVI Court of Appeal upholds relief from sanction

"It takes nearly as much ability to take good advice, as it does to act for yourself" (La Rochefoucauld)

The implication of contractual terms: hindsight is not always a wonderful thing

Cayman Islands Grand Court looks to the wishes of creditors in the choice of liquidators for Insolvent Companies

Misplaced Trust – What happens when your trustee goes AWOL?

BVI Commercial Court provides welcome guidance on Norwich Pharmacal Relief in aid of foreign proceedings

Video Killed the Radio Star? Limits on video evidence

US$2.6 billion freezing injunction discharged for material non-disclosure despite good arguable case of massive fraud

Repent while you can: Weatherley v Weatherley

Raise the Bar: A higher standard set for finding Vicarious Liability in Fraudulent Misrepresentation

“You are remembered for the rules that you break” (General MacArthur)

Jurisdictional challenge in the appointment of provisional liquidators

Director’s mistake not necessarily a breach of fiduciary duty

Reverse Engineering: BVI Court of Appeal in Rare Reversal of Findings of Fact

“The interest of the state requires that complete justice be achieved, and to that end that a lawyer’s advice to his client be shrouded with the cloak of secrecy.” (Cicero)

Harneys London ranked as top tier by UK directories

Stranger Danger: Injunction permitted against persons unknown

No stay of execution from Winding Up Orders

Clear day after Rainy Sky: the Court of Appeal decides contractual interpretation

Inspection of documents refused where it would not be necessary for the fair disposal of proceedings

May the Force be with you – Force Majeure Clauses in the Spotlight

Interim Applications – Procedural or Not!

Further clarification on discovery obligations in Appraisal Litigation: Nord Anglia

Privy Council Setting Aside Trustee’s Exercise of Discretion

Vacation – a good time of year for lots of reasons – a potentially confusing time for BVI lawyers!

Stanford v Akers: Asking the BVI Court to reverse a liquidator’s decision

Revisiting Costs Awards – BVI Court of Appeal rules on Fairfield Sentry Limited (In Liquidation) v Farnum Place LLC

BVI Court of Appeal reaffirms it will rarely reverse findings of fact

Outlook Asset Management LP and others v Capstone Corporate Limited and others

Hong Kong Court clarifies the decision in Re Legend International Resorts Ltd

Bermuda Supreme Court – US sanctions defeat creditor

The “money box” jurisdiction – finding a fraudster

Vacation – a good time of year for lots of reasons – a potentially confusing time for BVI lawyers!

Harneys voted in top 30: GRR 100 Guide

BVI adopts guidelines for communication and cooperation between courts

BVI adopts guidelines for communication and cooperation between courts

Black Swan: Stand-alone injunctions in support of foreign proceedings

BVI: Arbitration agreements and insolvency proceedings