(From the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)) Appeal from refusal to grant an anti-suit injunction to restrain the liquidators of Fairfield Sentry Ltd (‘the liquidators’) from pursuing proceedings in the United States under section 249 of the British Virgin Islands’ Insolvency Act 2003 (‘the IA 2003’). This section empowers the High Court of the BVI (‘the High Court’) to set aside voidable transactions, such as an unfair preference or an undervalue transaction, and to make orders to restore the position to what it would have been if the company had not entered into such transactions.
Judges:
Lord Reed, Lord Hodge, Lord Briggs, Lady Arden, Lord Kitchin
Citations:
[2019] UKPC 20
Links:
Jurisdiction:
Commonwealth
Insolvency, Litigation Practice
Updated: 25 September 2022; Ref: scu.638482