-
Mar 28, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
How do litigants mitigate the risk of their confidential
information becoming public during proceedings in the British
Virgin Islands? The Eastern Caribbean Civil Procedure Rules, 2000
(as amended) (EC CPR) apply to proceedings before the BVI
Supreme Court. The EC CPR is the primary source of the tools for
preserving confidentiality in BVI proceedings.
-
Mar 21, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
We have created this guide to cover frequently asked
questions on how to get an injunction in the British Virgin
Islands.
An injunction is a court order prohibiting a person from doing
something (a prohibitory Injunction) or requiring a person to do
something (a mandatory Injunction). Specific injunctions include
search orders, Norwich Pharmacal (disclosure) orders and freezing
orders (or Mareva injunctions).
Injunctions can either be final or interlocutory.
-
Mar 19, 2024 | 
mondaq.com | Claire Goldstein |Jhneil Stewart
On 29 February 2024, the BVI Commercial Court handed down its
much-anticipated decision in Joint Stock Company
“Alfa-Bank” v Kipford Ventures
Limited discharging the sanctioned Bank's second
application for an interim injunction against Kipford
(the Second Injunction
Application) and stayed its claim pending further
order.
This decision follows Justice Jack's discharge of the
Bank's first application for injunctive relief which was
subsequently upheld by the Court of Appeal.
-
Mar 14, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
How to enforce Security in the BVI out of court will depend on
your Security type. For this guide, we focus on the out-of-court
enforcement of Security granted over shares in a company.
The BVI Business Companies Act 2004 (as amended) (the
Act) allows Security to be created over
shares (the Shares) in a BVI company (a
Company). This can be done by either a
legal mortgage, equitable mortgage, or charge.
-
Mar 12, 2024 | 
mondaq.com | Henry Tucker |Claire Goldstein |Ben Hobden |Paula Kay
In 2013, the claimant brought proceedings against the defendants
in California relating to alleged fraud and defamation.
-
Mar 11, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
The British Virgin Islands is a member state of the Eastern
Caribbean Supreme Court (ECSC), based in
St Lucia. Within the BVI, the High Court is managed by local
registries. The procedure is governed by the ECSC Civil Procedure
Rules 2023 (EC CPR 2023) and practice directions.
-
Mar 11, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease |Peter Ferrer
In a recent decision of the King's Bench Division of
England and Wales the Court set aside an order (O2) that
extended time for compliance with an earlier disclosure order
(O1). O2, having been endorsed with a penal notice, was
set aside as offending the principle that such an order should be
expressed in unambiguous language so that a defendant knows what is
forbidden or required.
-
Mar 8, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
In the BVI, where a company is insolvent, a creditor may apply
to the court to appoint a liquidator over the company. Insolvency
law in the BVI is almost entirely codified in the Insolvency Act
2003 (IA) and supplemented by the Insolvency Rules 2005.
An insolvent company may seek to reorganise or restructure its
capital or debts through a plan of arrangement, scheme of
arrangement or creditors' arrangement.
-
Mar 7, 2024 | 
mondaq.com | Claire Goldstein |Christopher Pease
We have created this guide to cover frequently asked
questions on how to enforce judgements and arbitration awards in
the British Virgin Islands.
Foreign judgments and arbitration awards can and are regularly
enforced in the BVI. A judgment is defined in s.2 of the Judgments
Act 1907 as an order for the payment of money or costs or any other
order having the operation of a judgment.
-
Mar 7, 2024 | 
mondaq.com | Henry Tucker |Claire Goldstein |Paula Kay |Ben Hobden
The Mainland Judgments in Civil and Commercial Matters
(Reciprocal Enforcement) Ordinance (Cap 645)
(REO) has just come into force (29
January 2024) and will now apply to judgments obtained in either
mainland China or Hong Kong, replacing the old regime. For
companies who pursue cross-border litigation involving
counter-parties based in China or Hong Kong, this improved avenue
for the enforcement of judgments is of great interest.
