Regional news: British Virgin Islands

COMI not in place of registration by default, English court rules

An English court has issued a winding-up order against a Maltese-registered oil company, after finding its centre of main interests was in the UK rather than its place of registration by default.

17 August 2020

Hong Kong appellate court restates requirements for winding-up foreign companies

The Hong Kong Court of Appeal has upheld a lower court’s refusal to block the winding-up of a mainland Chinese conglomerate – but overturned its ruling on the requirements for winding-up foreign companies.

07 August 2020

“Light-touch” JPLs appointed over Chinese fertiliser group in three jurisdictions

Courts in the Cayman Islands, Bermuda and the British Virgin Islands have appointed “light touch” joint provisional liquidators over Chinese fertiliser company Century Sunshine Group.

05 August 2020

Australian court allows trustee of disqualified tax agent to seek UK recognition

An Australian court has allowed the bankruptcy trustee of a disqualified tax agent to seek recognition of his appointment in the UK, pursuant to the UNCITRAL Model Law on Cross-Border Insolvency.

24 July 2020

BVI court favours Hong Kong arbitration over liquidators

A British Virgin Islands court has dismissed an investment fund’s attempts to appoint liquidators over local company Fair Cheerful, finding a dispute between the parties should be arbitrated in Hong Kong.

20 July 2020

Reflective loss rules only apply to shareholders, UK Supreme Court rules in Marex case

The UK Supreme Court has found the reflective loss doctrine only applies to some shareholders, overturning a lower court’s decision to bar an asset-stripping claim brought by UK foreign exchange broker Marex.

16 July 2020

Hong Kong court blocks use of Singapore Mareva order as evidence

The Hong Kong Court of Appeal has refused to admit a Singapore court’s Mareva injunction as evidence that an equivalent order should be reinstated in Hong Kong, for the liquidators of Cayman-incorporated China Medical Technologies.

13 July 2020

BVI courts have power to grant Norwich Pharmacal orders despite Black Swan ruling

A British Virgin Islands court has ruled its power to grant Norwich Pharmacal orders to support foreign proceedings has not been affected by a recent appellate judgment that found Black Swan relief is no longer available in the BVI.

24 June 2020

BVI court grants retrospective permission for English third-party debt order

A British Virgin Islands court has retrospectively allowed the co-owner of a locally-registered company in liquidation to apply for a third-party debt order in England.

16 June 2020

Chinese judgments recognised and enforced in BVI

In what practitioners say could be a first for the jurisdiction, a British Virgin Islands court has recognised and enforced three judgments issued by a Chinese court, appointing equitable receivers over shares issued in a local company.

14 February 2020

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