The Boundaries Of Section 467: How Far Will The BVI Court Go To Assist Foreign Insolvency Proceedings?

• Published date: 15 December 2025
• Law Firm: Conyers
• Author: Aaron Mayers and Gr'inne Hussey

Part XIX of the Insolvency Act 2003 was introduced to support cross‑border cooperation. Still, many years on, there is real debate about the reach of section 467 and how far the court will go to help foreign proceedings. The cases show a mixed picture, broad legislative drafting and comity on the one hand, but some limits on compulsion, standing and who can benefit on the other. The upshot is continued uncertainty about the court's willingness to assist in varying circumstances.

The Statutory Framework: Broad Powers, With Limits

Section 467 lets a "foreign representative" from a "relevant foreign country" seek relief "in aid of" the foreign proceeding. The range of orders is wide: stays, interim receivership, delivery up of property, coordination orders, and powers to examine; plus a catch‑all to "make such other order or grant such other relief as it considers appropriate."

Section 468 pulls in the other direction by setting mandatory factors (speed and efficiency, fair treatment of claimants, protection of local interests, anti‑fraud concerns, alignment with BVI distribution priorities, and comity) and carve‑outs for set‑off and preferential creditors, along with a public policy bar. Section 467(5) also allows the court to apply either BVI law or the foreign law of the main proceeding.

Successful Use: Flexible Relief in Aid

Where the statutory gateways are met, the court has used section 467 in practical ways to support cross‑border cases. In Re C (A Bankrupt) (BVIHC (Com) 0080 of 2013), the court assisted a Hong Kong trustee, showing how section 467(3)(h) can confer domestic powers tailored to the needs of the main proceeding. The Court of Appeal in ABN AMRO Fund Services (Isle...