Fraud unravels everything – how the BVI courts can assist

Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the victims of fraud will not be able to identify the fraudsters. This is completely wrong. The BVI courts apply a well-known legal maxim originally developed by the English courts in Lazarus Estates v Beasley [1956] 1 QB 702 at 712: “No Court in this land will allow a person to keep an advantage which has been obtained by fraud … fraud unravels everything.”

Related briefings

A foreign helping hand: US and Hong Kong discovery in support of Cayman Islands litigation

In Cayman Islands Section 238 litigation – disputes as to the fair value of shares held by shareholders of a company that has been privatised – dissenting shareholders are turning to foreign courts to obtain parallel discovery in support of their claims. In two recent decisions, dissenters have relied on US Section 1782 discovery and letters of request to the Hong Kong Court to seek additional documents in those proceedings.

Preserving creditor value in schemes of arrangement

In the recent decision of In the Matter of Grand Peace Group Holdings Limited, the Hong Kong court noted, obiter dicta, that practitioners should, citing Re Da Yu Financial Holdings Limited, be cognisant that parallel schemes of arrangement in both the company’s place of incorporation and Hong Kong, where the offshore company is listed in Hong Kong, would seem generally to be unnecessary. Parallel schemes could result in an escalation in legal fees which is not in the interests of unsecured creditors.

Latest Briefings

Funds & Investment Management Update – Ireland and Luxembourg – Q2 2021

This quarter’s highlights include the coming into force of the Investment Firms Directive and the Investment Firms Regulation, a number of AML developments, ESMA’s publication of funds’ marketing communications guidance and the CBI’s call for UCITS managers to review their liquidity risk management frameworks. Other notable developments include the CSSF’s updated guidance on granting loans to the public and updates to its UCITS and AIFM FAQs, the publication of a Circular on remote working as well as further EU sustainable finance developments.

The ILC Articles at 20: Introduction to the Symposium by Prof. Christian Tams and Dr Federica Paddeu

The Articles on the Responsibility of States for Internationally Wrongful Acts (Articles), developed by the International Law Commission (ILC), turn 20 this year. On 9 August 2001 – 45 years after the first report by Special Rapporteur Francisco García-Amador on the topic, after 5 Special Rapporteurs and 34 reports by them – the ILC adopted the final text of the Articles, thus bringing to an end work that (in the words of Rosalyn Higgins) were it not for the Commission‘s broad understanding of responsibility, ‘should on the face of it [have] take[n] one summer’s work’.

Scaling expertise through digital solutions

Neota Logic provides the ability to scale access to expertise through automation solutions using its no-code platform, making it an easier, faster and less expensive way to engage your stakeholders.

Portugal: Managing the Impacts of COVID-19

The COVID-19 pandemic has led to the adoption of legal measures that have a profound impact on businesses in different sectors and on society at large. The implications are broad and complex and we are committed to focusing our knowledge and experience to help you navigate these legal issues as they arise.

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