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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Applying Twice:  BVI Court of Appeal Reinforces the Protection Available to Beneficial Owners
1 Sep 2023

Litigation funding in the offshore jurisdictions: how will the UK Supreme Court decision in PACCAR affect offshore litigation funding?

How will the UK Supreme Court decision in PACCAR affect litigation funding in the offshore jurisdictions? With litigation funders considering the implications of the recent landmark decision, our funding experts look at the use of litigation funding in the offshore markets and the potential impact for funding in the key offshore jurisdictions.

Corporate
30 Aug 2023

Seychelles Business Tax on Multi-National Enterprises

Seychelles has recently undertaken a slew of amendments in order to keep up with the evolving and complex capital and finance market dynamics, taxation practices all over the world, as well as the OECD’s Base Erosion and Profits Shifting (BEPS) initiative. The Business Tax (Amendment) Act, 2020 which came into force on 15 September 2021, has brought several changes in line with the above, to the Business Tax Act, 2009 (the Act).

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
17 Aug 2023

Re Virginia Solution SPC Ltd - A Quasi Partnership Extinguished by Formalisation of the Shareholders' Relationship

Appleby Partner Andrew Jackson and Associate Shari Walton-Rankin discuss the recent decision of the Cayman Islands Court of Appeal (CICA) in Re Virginia Solution SPC, in which the CICA held that what was considered to be a paradigm case of quasi-partnership at first instance was actually not a case of quasi-partnership at all; and further discuss the current state of Cayman Islands law as to the availability of alternative remedies in just and equitable winding up proceedings, and whether it is justified or requires timely correction.

Private Client Trusts
16 Aug 2023

In The Spotlight: Bermuda’s Vanessa Schrum

Francesca Ffiske of Private Client Global Elite sat down with Vanessa Schrum from Appleby in Bermuda.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
16 Aug 2023

Bondholder Litigation Under the Spotlight in the Offshore Jurisdictions

Can an ultimate beneficial owner of notes file a winding up petition against the issuer? In this article, Simon Jerrum and David Bulley consider the recent judgments handed down in the BVI, the Cayman Islands and Hong Kong in this area and identify the key takeaways for noteholders and issuers.

Dispute Resolution
2 Aug 2023

Reliance on the Merger Price in Cayman Appraisal Actions

Andrew Jackson, Damon Booth, Barry Isaacs KC and Toby Brown consider the use of the merger price to establish fair value in appraisal proceedings in the Cayman Islands, together with the issue of burden of proof

Technology-and-Innovation-1024x576
27 Jul 2023

Tech Innovation Financing Alternative

Creators of technology, whether financial services software, biotechnology, data analytics solutions or otherwise, know how extremely expensive those development costs can be.

Banking & Financial Services
25 Jul 2023

Loans & Secured Financing in the Cayman Islands 2023

A Q&A guide that provides a topical analysis of loans & secured financing in the Cayman Islands.

Dispute Resolution
17 Jul 2023

Re HQP Corporation Limited (in Official Liquidation) – A Lifeline for Unredeemed Investors in Cases of Substantial Corporate Fraud

Given the Cayman Islands’ status as a leading offshore financial centre and home to a very significant number of corporate investment vehicles, as with all other financial centres (both on and offshore), it is perhaps inevitable that there will be some cases, from time to time, where investors in a Cayman company have been the victims of a fraud. And in some of those cases, the picture painted on the basis of the (then undiscovered) fraud is likely to have been what persuaded investors to subscribe.

Dispute Resolution
13 Jul 2023

Grand Court takes novel approach in crypto winding up proceedings brought by retail investors

On 7 July 2023, the Honourable Justice Kawaley issued a winding-up order in the Financial Services Division of the Cayman Islands' Grand Court against Atom Holdings Ltd, a cryptocurrency exchange. This followed the earlier appointment of provisional liquidators for the reasons set out in a judgment released in June 2023.

Dispute Resolution
12 Jul 2023

Thought Leaders – Commercial Litigation 2023 Q&A

Read John's Q&A with Who's Who Legal.

Corporate
11 Jul 2023

Proposed Regulation of Consumer Credit in Jersey

Find out more about the Jersey Government’s suggested regulation of the consumer credit regime and how it affects consumer credit agreements, consumer hire agreements and mortgages on the island.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.