International / offshore, Commercial disputes, Insolvency, Trusts, probate and estates: contentious, Trusts, probate and estates: non-contentious
Wilberforce BVI Conference
Thursday 29 September 2016
Peter Island Resort, British Virgin Islands,
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4.00pm (Special Service Ferry Departs from Tortola to Peter Island)
4.30pm Registration (Refreshments will be served)
5.00pm Welcome and introduction from the Chairman Gilead Cooper QC
5.05pm Submission to the Jurisdiction Clare Stanley QC
- Refresher: Enforcement of foreign judgments at common law.
- Discussion: what conduct does/does not amount to “submission” to the jurisdiction of the foreign court?
- Mistaken submission to the jurisdiction of the court and how to fix it.
- Common law waiver of right to challenge jurisdiction, ability to amend / withdraw an acknowledgement of service.
Submission to the Jurisdiction Paper
Disputes over trusts that hold corporate structures
- What can go wrong?
- To what extent can you exclude responsibility for intervening in light of Appleby v Citco (2014, BVI)?
- Using trust company employees as directors.
- Getting information- In the matter of R&RA (2014, Guernsey CA)
Advanced Reading for Workshop 1 (download here)
Workshop 1 Answer Sheet (download here)
Cross border issues in arbitration and insolvency
- Which comes first, the arbitration or the insolvency?
- To stay or not to stay?
- The UNCITRAL model law on insolvency and practical implications.
Advanced Reading for Workshop 2 (download here)
Workshop 2 Answer Sheet (download here)
Breaking Privilege: The Fraud Exception
- What conduct engages the exception: is fraud required?
- How strong a case is need that the conduct took place?
- What communications are covered?
Advanced Reading for workshop 3 (download here)
Workshop 3 Answer Sheet (download here)
6.30pm “The 5 minute Pitch” Chaired by Tom Roscoe
Wilberforce Silks will pick a recent case and attempt in turn to persuade you that it is the most important case from a BVI perspective. They will have 5 minutes each. Who is the most effective? You, the audience, will decide.
6.55pm Closing remarks from Gilead Cooper QC
7.00pm BBQ and Drinks Reception