Litigation
HP Anderson’s principal has acted regionally in range of matters including contentious insolvency proceedings, judicial review, defamation, financial crimes, contentious estates, property rights disputes, shipping matters, banking disputes, personal injury; and employment matters.
A selection of these is set out below:-
Insolvency
Acted for creditors in a successful challenge to liquidators’ rejection of a claim in an insolvent liquidation (value US $21.5M).
Advised potential claimants in the matter of the Fairfield Sentry Fund, the largest feeder fund into Bernie L. Madoff Investment Securities LLC.
Personal Injury
Acted for claimant in obtaining one of the highest personal injury awards in the BVI to date.
Financial Crimes
Successfully avoided criminal prosecution of a BVI Business Company for alleged breaches of the Mutual Legal Assistance (Tax Matters) Act.
Telecommunications
Acted as junior counsel to queen’s counsel in a successful judicial review challenge to a finding and penalty against a regional telecommunications provider for alleged anti-competitive behaviour.
Insolvency & Restructuring
Acted for one of the BVI’s largest resorts in receivership proceedings which were a precursor to Chapter 11 bankruptcy proceedings in the US.
Banking
Acted in several breach of contract claims against a financial institution's attempts to exercise its power of sale over real property.
Baking and Insolvency
Acted as junior counsel to queen’s counsel in a regulator’s petition to wind up an insolvent bank.
Shipping & Admiralty
Acted for claimants in a claim for damages resulting from a collision between two sailing vessels in BVI waters
Acted for a defendant in making a successful application for an order limiting liability against a shipping vessel to support concurrent proceedings overseas for damages for wrongful death.
Property
Successful appeal in land tribunal proceedings affecting an intended multi-million dollar commercial development.
Led successful negotiations to settle a dispute before the Registrar of Lands relating to rights-of way affecting a high value property.
Contentious Estate
Acting for beneficiaries in a claim against executors for breach of duty in the distribution of a local estate, the value of which was in excess of approximately US $1M.