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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Not the Time or Place: Important considerations for proof of debt appeals
Justice Parker’s decision of In North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation. The judgment highlights a number of procedural and practical considerations for would-be appellants and their advisors alike.
10 Apr 2024
A numbers game: How many petitions does it take to appoint receivers to segregated portfolios within an SPC?
In the recent decision of In the Matter of Bo Run SPC, the Grand Court of the Cayman Islands considered whether it was permissible to file a composite petition to appoint receivers to a number of segregated portfolios within a single segregated portfolio company as opposed to filing separate petitions for each segregated portfolio.
09 Apr 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
Proofs of debt: looking behind a default judgment
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators’ decision to reject the applicant’s proof of debt (POD) on the grounds that: (1) the liquidators were entitled to go behind the default judgment, which formed the basis of the POD, on the ground of a miscarriage of justice; and (2) the applicant had not discharged its burden of proving the loans underlying the default judgment were genuine debts owed by the company.
25 Mar 2024
SARE, closed… due to fraud!
In the recent decision of Re SARE Public Company Limited, Petition 554/2017, 19/05/2023 the District Court of Nicosia, Cyprus issued an involuntary winding-up order against a Cyprus company on “just and equitable” …
27 Feb 2024
Judge has Mercy on defendants
In a significant ruling, His Honour Justice Johns KC determined that when calculating equitable compensation, proprietary claims and recoveries made from third parties should be taken into account.
26 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...
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