Trust Disputes Lawyers

Back to Basics- Disputes Series

COMPELLING THE INNOCENT: NORWICH PHARMACAL RELIEF IN THE BVI Norwich Pharmacal relief can be a key, strategic tool to assist litigants with early-stage investigation where a BVI company is involved in “wrongdoing” that is the subject of ongoing or prospective litigation either in the BVI or abroad.  A Norwich Pharmacal disclosure order in the BVI is typically made against the registered agent of a “wrongdoer” BVI company, unbeknownst to the company itself, compelling the registered agent to provide information and documentation on the company’s directors, shareholders, ultimate beneficial owners and/or assets.  It is a flexible remedy but it typically enables an applicant party to obtain disclosure to identify the protagonists controlling the “wrongdoer” BVI company and details of its assets necessary in order to pursue their claim or to enforce and execute a judgment. Most frequently, relief is given in aid of foreign proceedings where it is needed to properly plead out a potential claim, to support eventual enforcement of a foreign judgment and/or to obtain or police an injunction.

Olwyn Barry, Fay O’Halloran

ENFORCEMENT OF JUDGMENTS: Law Over Borders Comparative Guide 2026 – Jersey

A Jersey guide to how judgments are enforced.

Sam Williams, Olivia Lewis

Arbitrating shareholders’ disputes and beyond – the Mauritian Supreme Court re-affirms its non-interventionist and pro-arbitration stance

On 08 May 2026, the Mauritian Supreme Court, sitting as the panel of Designated Judges appointed under the International Arbitration Act 2008 (IAA), delivered an important judgment in Intermediate Investment Holdings Ltd v Imevbore & Ors 2026 SCJ 186 (IIHL Case). The Supreme Court declined to award costs sought by the Respondents following the Applicant’s withdrawal of an application for an interim injunction.

Sharmilla Bhima, Nivedita Patten

Appleby hosts Cayman Islands delegation in Shanghai

David Bulley, Hannah Yao, Freya Xu

Appleby’s John McCarroll SC appointed to SHIAC Panel of Arbitrators

John McCarroll SC

Appleby’s Claire van Overdijk KC to Speak at STEP Caribbean Conference

Claire van Overdijk KC

Appleby extends sponsorship of 8TEN Racing

Garry Manley

The Interplay Between Supervision Applications and Winding Up on the Just and Equitable Ground: Re Atlas Capital Markets LLC

In its recent judgment in Re Atlas Capital Markets LLC [2026] CIGC (FSD) 19, the Grand Court considered itself bound to make a supervision order pursuant to s.131(b) of the Companies Act, notwithstanding that the company was the subject of a pending just and equitable winding up (J&E) petition when its voluntary liquidation was commenced; and rejected an attack on the joint voluntary liquidators’ (JVLs) independence, which was principally based on a misreading of the JVLs’ evidence and lacked any objective foundation. The authors, who successfully represented the JVLs in obtaining the supervision order, discuss this important judgment further below – which is believed to be the first decision on the interplay between supervision applications and J&E proceedings under the Companies Act – and offer their views on the guidance that shareholders petitioning on the just and equitable ground may derive from it in future cases.  The challenge to the JVLs’ independence was rejected on the well-established principles which Doyle J discussed in Re Global Fidelity Bank [2021] 2 CILR 361, and is not discussed in further detail below.

Andrew Jackson, Luke Burgess-Shannon, Sofia Kranjec

Back to Basics - Dispute Series

Winding-Up Petitions in the BVI – A Practical Guide For Creditors Applying to appoint a BVI liquidator is one of the most cost effective and efficient tools available to creditors who want to recover debts or liabilities from BVI companies and is often a go-to strategy where simpler methods of debt collection have failed. Once appointed, a liquidator has a broad range of immediate powers including the ability to take possession and control of all of the company’s assets. In this guide, we highlight the process and the key principles for creditors to consider prior to and during the liquidator appointment process. 

Daniel Mitchell, Kara Benjamin

FamilyMart and Beyond: The Continuing Influence of the Privy Council’s Landmark Decision on Shareholder Litigation

The Privy Council's decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that distinguishes the arbitrability of underlying shareholder disputes from the court's exclusive jurisdiction over just and equitable winding-up of a Cayman company.

John McCarroll SC, Alvin Sin