Ms Kimberly Crabbe-Adams

Kimberly Crabbe-Adams

Updates

Insolvency & Restructuring

Voluntary liquidation: an almost irreversible procedure
British Virgin Islands | 27 November 2015

Can a company that has been voluntarily wound up be restored to good standing on an application by a former shareholder, liquidator or director who has a change of heart regarding the company's liquidation? A recent High Court decision confirmed the BVI position that the onus is on the claimant seeking restoration to prove that the circumstances warrant it and to address the potential prejudice that could befall third parties.

Litigation

Substance of Aldi principles apply in British Virgin Islands
British Virgin Islands | 24 April 2018

The Commercial Division of the BVI Court has granted a strike out application on the grounds that the Aldi Stores Ltd v WSP Group plc principles – whereby a party which intends to bring a subsequent action against existing parties must raise the issue with the court – apply in the British Virgin Islands. It held that while the principles may not have been promulgated in this jurisdiction, litigants must put their cards on the table at an early stage or risk being held to have abused the court's process.

Private Client & Offshore Services

Substance of Aldi principles apply in British Virgin Islands
British Virgin Islands | 19 April 2018

The Commercial Division of the BVI Court has granted a strike out application on the grounds that the Aldi Stores Ltd v WSP Group plc principles – whereby a party which intends to bring a subsequent action against existing parties must raise the issue with the court – apply in the British Virgin Islands. It held that while the principles may not have been promulgated in this jurisdiction, litigants must put their cards on the table at an early stage or risk being held to have abused the court's process.

Voluntary liquidation: an almost irreversible procedure
British Virgin Islands | 26 November 2015

Can a company that has been voluntarily wound up be restored to good standing on an application by a former shareholder, liquidator or director who has a change of heart regarding the company's liquidation? A recent High Court decision confirmed the BVI position that the onus is on the claimant seeking restoration to prove that the circumstances warrant it and to address the potential prejudice that could befall third parties.