Shows
Exploring Offshore LitigationThe far-reaching effect of Section 147 fraudulent trading claims in the Bilta v Tradition Financial Services rulingIn the follow up to their article on recent guidance from the Cayman Islands' courts on fraudulent trading claims, Harneys partner James Eggleton and counsel Anya Allen unpack the UK Supreme Court's decision and its relevance for the Cayman Islands.
This is the second article in a two-part series on recent decisions concerning fraudulent trading claims under Section 147 of the Cayman Islands Companies Act and Section 213 of the UK Insolvency Act, being Conway & Ors v Air Arabia [2025] CIGC (FSD) 41 (20 May 2025) and Bilta & Ors v Tradition Finance Services [2025] UKSC 18 (7 May 2025).
Bilta & Ors v Tradition Finance Services
Bilta was...
2025-11-0311 min
Exploring Offshore LitigationRecent guidance on Section 147 fraudulent trading claims in Conway v Air ArabiaRecent guidance on Section 147 fraudulent trading claims in Conway v Air Arabia
Harneys partner James Eggleton and counsel Anya Allen in the Cayman Islands examine two recent authorities on fraudulent trading claims in complex cases, from the Grand Court of Cayman Islands in the first instalment of a two-part series and from the UK Supreme Court in the second instalment.
There is, perhaps surprisingly given the breadth of its potential application, very little authority in the Cayman Islands concerning fraudulent trading claims under Section 147 of the Cayman Islands Companies Act.
This two-part series considers two recent decisions...
2025-10-2715 min
Exploring Offshore LitigationJurisdictional issues in crypto currency disputes (Part 1): service out of the jurisdictionThis article forms part of a series prepared by partners James Eggleton and Christopher Pease, of our Cayman Islands and BVI offices respectively, in connection with digital assets disputes. For more information, please click here.
The jurisdiction of the Cayman and BVI courts to adjudicate claims depends upon whether the defendant(s) to those claims can lawfully be served with originating process[1].
Where the defendant(s) are within the jurisdiction, this is a straightforward matter. However, where the defendants (or some of them) are located in another country - as is more likely than not to be the...
2025-05-2130 min