Regional news: British Virgin Islands

Dissolved BVI companies restored after “catastrophic” mistake

Two BVI companies that were part of Tokyo-headquartered alternative investor Pacific Alliance Group and were erroneously liquidated and dissolved following a “massive breakdown” of communications will be restored to the islands’ company register.

19 March 2021

BVI liquidators secure novel Hong Kong ruling

The BVI liquidators of a company connected to an insolvent mainland Chinese university group have secured recognition in Hong Kong, allowing them to file potentially novel proceedings in the jurisdiction – while the demise of a pioneering cinema chain has sparked fears for Hong Kong’s real economy.

11 March 2021

Twenty Essex’s joint head cleared of professional misconduct charges

Professional misconduct charges brought against Twenty Essex’s Stephen Atherton QC have been dismissed by a bar disciplinary tribunal in London.

09 March 2021

BVI court issues “groundbreaking” committal order against extraterritorial debtor

Earlier this year, the BVI Commercial Court delivered its first ever written judgment on whether jurisdiction exists to make a committal order against a personal judgment debtor who is not domiciled or resident in the BVI. Kobre & Kim's John Han, Merrick Watson and Timothy de Swardt explain how the ruling came about and how significant it is for the territory.

09 March 2021

Joint head of Twenty Essex faces disciplinary tribunal

A leading insolvency silk has been accused of recklessly misleading the Privy Council at a bar disciplinary tribunal in London.

08 March 2021

Administration moratorium has extraterritorial effect, Australian court rules

A BVI court has blocked the enforcement of a deed held by a local arm of Harneys, after an Australian judge found it was subject to an Australian administration moratorium that has effect in foreign jurisdictions.

26 February 2021

Israeli trustee ineligible for assistance, BVI appeal court rules

A BVI appeal court has upheld the local recognition of an Israeli personal bankruptcy but found that the bankrupt’s Israeli officeholder cannot be granted assistance, a decision the court said it came to “with some regret”.

24 February 2021

Director’s inaction is a breach of duty, Privy Council rules

In a “rare” case that warranted interference with the factual findings of lower courts, the UK Privy Council has ruled that a China-based director breached her fiduciary duties to a British Virgin Islands company when she failed to prevent the full repayment of a loan before it fell into liquidation.

23 February 2021

Australian voluntary administrators to serve claim on Harneys in BVI

In separate actions in Australia, the voluntary administrators of a Congolese gold mine owner have secured permission to serve a security interest claim on a Harneys arm in the BVI, while a Queensland court is to consider recognising a Singaporean personal bankruptcy.

23 February 2021

Russian bank’s liquidator circumvents hurdles to execute English judgment in the BVI

The liquidator of a defunct Russian bank that has been trying to claw back assets from its founder, has secured recognition of an English court’s judgment in the British Virgin Islands against a trio of hurdles – bringing him a step closer to accessing property held in a New Zealand trust.

28 January 2021

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