Arbitral Digest

Matter

Terrae Nominees Limited et al. v Paul Pretlove (Eastern Caribbean Supreme Court, Court of Appeal BVIHCMAP2024/0018)

British Virgin Islands Court of Appeal proceedings concerning the transition of six restored companies from voluntary to insolvent liquidation and the treatment of a disputed Russian-bank claim as a contingent liability.

  • Cross-border insolvency
  • Cross-border litigation

Procedural record

  1. 21 October 2026British Virgin Islands

    21 October 2026British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, Court of Appeal in the case BVIHCMAP2024/0018 dated 21 October 2026

    Eastern Caribbean Supreme Court, Court of Appeal, Territory of the Virgin Islands

    Case no.
    BVIHCMAP2024/0018
    Decision summary
    The Court of Appeal dismissed the appeal and cross-appeal, affirmed the dismissal of the directors’ applications concerning the transition of six companies into insolvent liquidation, and awarded the respondent seventy percent of his appeal costs. It held that the directors had standing to challenge the transition, but that the liquidator was entitled to treat the disputed bank claim as a contingent liability with some positive value.

    Participants

    Terrae Nominees Limited
    Representative
    Rabin Kok (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Mark Forte (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Charles Goldblatt (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    I.F.B.C Director Services Limited
    Representative
    Rabin Kok (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Mark Forte (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Charles Goldblatt (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Bartonway Directors Limited
    Representative
    Rabin Kok (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Mark Forte (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Representative
    Charles Goldblatt (For: Terrae Nominees Limited · I.F.B.C Director Services Limited · Bartonway Directors Limited)
    Paul Pretlove
    Representative
    Mark Goodman (For: Paul Pretlove)
    Representative
    Jomokie Phillips (For: Paul Pretlove)
    Eastern Caribbean Supreme Court, Court of Appeal, Territory of the Virgin Islands
    Judge
    Vicki Ann Ellis
    Judge
    Cadie St. Rose-Albertini
    Judge
    Ingrid Mangatal
    Other
    Insolvency office holder
    Paul Pretlove

    Authorities cited

    9
    • Business Companies Act (British Virgin Islands)
      statute
    • Insolvency Act (British Virgin Islands)
      statute
    • Brake v Chedington Court Estate Ltd ([2023] UKSC 29)
      case-law
    • Stevanovic v Richardson and another (as Joint Liquidators of Barrington Capital Group Ltd) ([2025] UKPC 18)
      case-law
    • Stanford v Akers & McDonald (BVIHCMAP2017/0019 (12 July 2018, unreported))
      case-law
    • Donna Union Foundation v Koshigi Limited (BVIHC(COM) 231 of 2018 (14 May 2019, unreported))
      case-law
    • Emirates International Investment Company v Slim Malouche and Registrar of Corporate Affairs (BVIHCOM2010/0231 (11 January 2011, unreported))
      case-law
    • Slim Malouche v Registrar of Corporate Affairs (BVIHCV2010/0231 (22 July 2011, unreported))
      case-law
    • BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc ([2013] UKSC 28)
      case-law

Matter record

Report a correction

Terrae Nominees Limited et al. v Paul Pretlove (Eastern Caribbean Supreme Court, Court of Appeal BVIHCMAP2024/0018) · Matter