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Thomas Lowe KC

Barrister
Thomas Lowe KC is a barrister practising from Wilberforce Chambers, London and independently in the Cayman Islands. Email: tlowe@wilberforce.co.uk and tlowe@wilberforce-cay.com

Articles by author

Offshore case law on bondholders as contingent creditors

It is critical to the operation of bond markets that ultimate account holders bringing liquidation proceedings against bond issuers are given only limited recourse to issues. One recent BVI decision, in which it was held that accountholders have standing as contingent creditors to present a winding-up petition against the issuer, unexpectedly stretches those limits. This article examines whether that decision is correct.

13 JAN 2025