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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.
Bedddoes, Anti-suits and Déjà vu
In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application in Hong Kong to appoi…
Exact change only – Discharging freezing and receivership orders on the grounds of a material change in circumstances
On 24 Mar 2021, the Court of Appeal handed down judgment in Mitsuji Konoshita and A.P.F. Group Co Ltd v JTrust Asia Pte Ltd (BVIHCMAP 2020/0017), leaving helpful guidance on discharging freezing and receivership orders from material changes in circumstances.
Cayman Islands – insolvency and segregated portfolios – Grand Court gives new guidance
In the recent Grand Court case of Re Obelisk Global Fund SPC, Justice Parker has considered, for the first time, the correct insolvency test to be applied for the court appointment of a receiver over a segregated portfolio.
Re ICGI - the high bar for the appointment of provisional liquidators
In a recent decision of the Grand Court of the Cayman Islands (Re ICG I), Justice Doyle dismissed an application by a contributory for the appointment of joint provisional liquidators (JPLs) pursuant to section 104(2) of the Companies Act.
Discontinued proceedings – a costly business
In the recent decision of Lam & CP Global v Tor Asia Master Fund & Ors, the Grand Court of the Cayman Islands ruled on the issue of costs following the discontinuance of proceedings.
The value of finality: BVI Court deals robustly with attempt to introduce evidence after judgment
Further to our first blog on the decision in Great Panorama (see here), we now turn to consider the Court’s treatment of certain pieces of evidence that were relied upon at the recent hearing in that case.
BVI Commercial Court applies Chabra relief liberally in the wake of Broad Idea (No.2)
In Great Panorama International Ltd v Qin Hui & Ors, the BVI Court continued a freezing injunction made against BVI non-cause of action defendants associated with a foreign judgment debtor. In doing so the Court issued a judgment covering a wide-range of issues that will be of interest to those seeking to enforce debts against and preserve the assets of BVI companies. In this blog we consider the court’s pronouncements regarding its jurisdiction to grant Chabra relief and the extent of the applicant’s duty to give full and frank disclosure. In the sequel to this blog we will consider the Court’s treatment of findings made by another court that was relied upon as evidence and the Court’s response to an attempt to introduce evidence post order/judgment.
How far can a Lender go in the legitimate enforcement of its security?
In the recent case of Morley t/a Morley Estates v. The Royal Bank of Scotland plc, Oliver Morley (Morley), a property developer, instigated a number of claims against the Royal Bank of Scotland (RBS) for breaches of duty, tortious intimidation and economic duress.
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