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British Virgin Islands Unfair Prejudice

Conyers

Sunrise Radio Considered – Is a Debt-for-equity Swap Carried Out at an Undervalue Unfairly Prejudicial?

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On 27 March 2025, the Eastern Caribbean Supreme Court, sitting in the Territory of the Virgin Islands, handed down its decision in BVIHCMAP2024/0002 Amstel Investment Holdings Limited and others v AMS Holdings Limited and...more

Walkers

Shareholders' relief for unfair prejudice in the BVI and the Cayman Islands

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The BVI and the Cayman Islands both have regimes in place to address unfair prejudice suffered by shareholders, although each jurisdiction approaches the issue differently. The threshold for successfully bringing an...more

Conyers

The Effect of Non-Disclosure in Unfair Prejudice Claims

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A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and...more

Conyers

BVI Commercial Court Hands Down Seminal Judgment in Unfair Prejudice Claim

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On 23 November 2021, the BVI Commercial Court handed down judgment in Soemarli Lie v (1) Ng Min Hong and (2) Success Overseas Finance Limited (the “Company”) following a four-week trial which took place in October 2020....more

Conyers

Privy Council Emphasizes the Primary Role of the Trial Judge as the Decision-Maker in Shareholders’ Disputes – the Scope for...

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In the context of an unfair prejudice claim, the Privy Council recently overturned the decision of the Eastern Caribbean Court of Appeal and restored the decision of Leon J. of the Commercial Court of the British Virgin...more

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