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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Company court restorations in a nutshell
Companies registered in the BVI that have been dissolved will need to be restored before various steps can be taken concerning the company or assets that were held by it. Accordingly, there are many reasons why a person may...
31 Jan 2024
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.
30 Nov 2021
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.
29 Mar 2021
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.
22 Apr 2020
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
09 Apr 2020
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.
19 Mar 2020