The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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Recognition and Assistance of Foreign Insolvency Proceedings: A Comparison of Singapore’s Model Law Regime with the Approaches of the BVI, Cayman and Bermuda Courts
In 2017, Singapore incorporated the UNCITRAL Model Law on Cross-Border Insolvency (the ‘Model Law’) into its domestic legislation, providing a comprehensive and structured framework for the recognition and assistance of foreign corporate insolvency proceedings.
17 Oct 2025
Cayman Court Appoints Provisional Liquidators to New Horizon Health Limited
On 8 July 2025, New Horizon Health Limited (the Company), a Cayman company listed on the Hong Kong Stock Exchange (HKEX), filed a petition to appoint provisional liquidators (PLs).
15 Sep 2025
The Distinction between ‘Legal Rights’ and ‘Interests’ when Determining Creditor Classes in a Scheme of Arrangement: An Examination of the Restructuring of China Aoyuan Group
When a scheme of arrangement involving a compromise or arrangement is proposed between a company and its creditors or any class of them, the court is required to consider whether it would be appropriate to convene one or more meetings of creditors for the purposes of considering and voting on the scheme of arrangement.
12 Jun 2025
Director duties in difficult times – practical advice for directors of a BVI company facing financial trouble
The rapid spread of the novel coronavirus (COVID-19) and the measures put in place by national governments to contain it are having profound and swift global economic impact.
29 Nov 2024
The BVI expands list of designated countries for court-assisted recognition and assistance to foreign insolvency officeholders
In a significant development, the BVI Financial Services Commission has expanded the list of "relevant foreign countries" under Part XIX of the Insolvency Act 2003.
30 Sep 2024
Superdry undressed – document disclosure in Part 26A English restructuring plans
In the recent decision of Re C-Retail Ltd, the English High Court ordered the disclosure of documents to assist a creditor to decide whether to support or oppose a Part 26A restructuring plan.
30 May 2024
Application for sanction of a scheme of arrangement - Responsibility of legal representatives
In the recent Hong Kong case of In the Matter of Sino Oil and Gas Holdings Ltd, Madam Justice Chan of the Hong Kong High Court handed down a judgment, refusing to sanction a scheme of arrangement that was approved at a scheme meeting held in December 2023.
08 May 2024
I’m Still Standing: New York court confirms BFAM may pursue Glory Health for US$200m in missed note payments
A recent decision the Supreme Court of the State of New York has determined that the beneficial owners of bonds have standing to bring claims against the bond issuer and guarantors.
28 Mar 2024
Post-scheme modification – an easy guide
In the recent decision of Moody Technology Holdings Ltd , the Hong Kong Court of First Instance (the “Hong Kong Court”) provides useful commentary on the jurisdiction to modify a scheme of arrangement after court …
29 Feb 2024
How to deal with insolvent BVI companies
We cover seven key questions we’ve been asked on how to deal with insolvent BVI companies. Find our top seven questions here.
22 Feb 2024
Restructuring officer regime applies to segregated portfolios
In the recent decision of In the Matter of Holt Fund SPC, the Cayman Islands Grand Court confirmed for the first time that it has jurisdiction to wind up a segregated portfolio company (SPC) based on the insolvency of one or more (but not all) of its segregated portfolios, and accordingly restructuring officers could be appointed in relation to those segregated portfolios.
20 Feb 2024
Cayman Islands Insolvency Law in 60 Seconds
Insolvency law in the Cayman Islands is principally regulated by the Companies Act (2023 Revision) (the Companies Act) and the Companies Winding Up Rules (2023 Consolidation), and they are supplemented by a wide body of case law.
15 Feb 2024