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Offshore Litigation Blog

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EC Court of Appeal resurrects company
On 6 October 2021, the Court of Appeal allowed an appeal against the decision of Justice Jack not to restore a BVI company on the basis of lack of standing on the part of the applicant.
Potentially catastrophic dissolution of BVI companies averted through restoration
In the recent case of Global Diversity Opportunity & Anr v The Registrar of Corporate Affairs, the BVI Commercial Court had to consider whether it could avert what it referred to as the “potentially catastrophic” consequences of two companies having been mistakenly liquidated.
A liquidator’s double edged sword
In a decision that will be of interest to all offshore insolvency practitioners, the English High Court has tacitly acknowledged the relevance of a liquidator’s position to the evidential threshold for permission to serve outside the jurisdiction.
Chapter 15 recognition of Olinda BVI scheme signals success for Constellation restructuring
Recognition of the BVI Scheme of Arrangement for a subsidiary of Brazil’s Constellation Oil Services group by the US Bankruptcy Court marks the success of a US$1.5+ billion restructuring
Recognised but not Compromised; English Court recognises Brazilian insolvency over dissolved company
On 21 February 2020, the English High Court in Osana Medonça and KPMG Finance recognised insolvency proceedings in Brazil over a dissolved English company.
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