In-Depth: Insolvency (formerly The Insolvency Review) offers an incisive review of the most consequential features of the insolvency laws and procedures in key jurisdictions worldwide. It also examines the practical implications of recent market trends and insolvency case developments.
From Duty to Danger: Director Liability in the Zone of Insolvency
The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) (the “BVI Court of Appeal”) in Byers & Others v Chen Ningning[1] (“Byers”) has affirmed and provided important clarification on the extent to which directors may be held personally liable for breaching the “creditor duty”.
In its recent judgment in Suning International Group Co Limited v Carrefour Nederland BV [2025] CICA (Civ) 11, the Court of Appeal upheld Justice Kawaley's decision a clear confirmation that Cayman Courts should take a pro-enforcement approach in this area, and should not entertain the frustration of effective enforcement by technical challenges which lack substantive merit.
A guide to selling your Bermuda home
Bermuda homeowners should protect their interests by enlisting expert advice when they decide to sell their home.
Discipline Now Key as Pressures on Reinsurers Mount
The reinsurance market is in a strong position after two years of profits and covering its cost of capital. But it now must retain discipline and manage the cycle correctly as pressure mounts to put any excess capital to use – and new capital enters the market in a variety of ways.
Education and Acceptance Fuel Wave of New Sponsors in Cat Bond Market
With the catastrophe bond market seeing eleven new sponsors enter the space so far this year, the trend highlights how involvement in the market has become more acceptable, and how sponsors are increasingly comfortable with cat bonds overall, according to Brad Adderley, Partner at global law firm Appleby.
Built on Governance, Driven by Innovation: The Bermuda Advantage
Holding 85% of the cat bond market, Bermuda’s edge in alternative capital is no accident. “Reinsurance is global, but it doesn’t work without Bermuda.” For Brad Adderley, managing partner for Bermuda at law firm Appleby, there’s no ambiguity.
Dual Remedies Afforded against the Granting of Injunctions
Actis Consumer Grooming Products Ltd v Super-Max Mauritius [2025 SCJ 388]
A recent Judgment of the Grand Court of the Cayman Islands offers a valuable reminder to aggrieved shareholders and creditors seeking to investigate potential wrongdoing and fraud. Harriet Ter-Berg and Luke Burgess-Shannon of Appleby’s Dispute Resolution Practice Group assess the decision, particularly as it relates to the appointment of joint provisional liquidators, ex parte (without notice) applications and the implication of available alternative remedies.
Notaries in Guernsey provide a vital layer of legal assurance: verifying identity, authority, capacity, and the authenticity of documents to ensure their acceptance abroad. Across the world, notarial acts have long been recognised as evidence of due execution and reliability.
A Guide to Transferring Shares in a Local Company
The Cayman Islands has a well-established legal framework for companies carrying on local business. This article outlines the key practical steps for transferring shares in a so-called local company, focusing on legal requirements, licensing and ownership considerations, and share transfer tax applicable to land holding companies.
Acting Without Standing: Risks in Litigation
A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides useful guidance for legal practitioners and estate administrators on the rules regarding the administration of BVI estates and related questions of standing. The parties’ names are anonymised in the judgment to preserve their confidentiality.
