1. What is the current legal landscape for Litigation in yourjurisdiction?

The BVI’s litigation landscape is in a period of significant development. The Eastern Caribbean Supreme Court Civil Procedure Rules, Revised Edition 2023, which took effect on 31 July 2023, represented the most substantial procedural overhaul in a generation, simplifying service out of the jurisdiction, introducing judicial settlement conferences, tightening disclosure obligations and formalising pre-action protocols; its effects have been felt throughout 2025 and into 2026. Alongside this, the BVI Business Companies (Amendment) Act 2024 and the Insolvency (Amendment) Act 2024, both in force since 2 January 2025, have refined beneficial ownership reporting, introduced a rectification route for the register of directors, and expanded the grounds on which the Financial Services Commission can appoint a liquidator (now including money laundering, sanctions breaches and related financial crime grounds). The Commercial Court’s docket remains dominated by insolvency, shareholder and asset-tracing disputes, with continued growth in digital asset litigation and the ongoing practical challenges generated by UK sanctions on Russia-related entities. The Privy Council’s 2025 abolition of the century-old “Shareholder Rule” in Jardine Strategic v Oasis Investments, extending corporate legal advice privilege against a company’s own shareholders, is likely to be looked back on as one of the most significant developments of the period for BVI shareholder litigation.

2. What three essential pieces of advice would you give to clients involved in Litigation matters?

First, act early and preserve evidence: the BVI’s disclosure regime carries an ongoing obligation that begins as soon as litigation is reasonably in contemplation and delay in preserving documents (or failing to consider urgent interim relief, such as a freezing order, before a dispute becomes public) can materially prejudice a client’s position. Second, expect and plan for a genuinely cross-border process: because BVI entities are so often holding vehicles for assets, evidence and witnesses located elsewhere, clients should budget, from the outset, for coordination with proceedings, disclosure requests or enforcement steps in other jurisdictions, rather than treating the BVI claim in isolation. Third, engage seriously with costs and funding strategy at the outset, including whether third-party funding or after-the-event insurance is appropriate, since the BVI courts take a broad view of conduct (including funding arrangements and engagement with settlement opportunities) when exercising their wide costs discretion.

3. What are the greatest threats and opportunities in Litigation law in the next 12 months?

The greatest opportunities lie in the continued growth of digital asset and crypto-related disputes, where the BVI’s accumulated experience from major crypto insolvencies positions its courts and practitioners well ahead of competing offshore centres, and in the maturing third-party funding market, which is improving access to justice for well-founded but capital-intensive claims. The pending Privy Council decision in Caldicott, on whether an arbitration clause can be used to stay a shareholder-versus-shareholder unfair prejudice claim, is one of the most closely watched developments, with real implications for minority shareholder protection. The principal threats are, first, the practical and reputational difficulties created by UK sanctions on Russian-related litigants, which continue to generate proceedings that are effectively frozen pending licensing or geopolitical developments, and, second, the professional risk associated with the unregulated use of AI in litigation, including the risk of hallucinated authorities being placed before the court, an issue on which specific BVI guidance is still awaited.

4. How do you ensure high client satisfaction levels aremaintainedby your practice? 

Emery Cooke is a boutique litigation law firm that works closely with clients to ensure commercial solutions.  We pride ourselves on being pragmatic problem solvers rather than purely technical advisors.  We are Partner led and have a strong reputation for responsive service and practical, focused advice.  We work closely with lawyers across multiple jurisdiction, ensuring clients receive continuous and consistent advice.

5. What technological advancements are reshaping Litigation law and how can clientsbenefitfrom them? 

Artificial intelligence-assisted document review and legal research is the most immediately significant advancement, with the potential materially to reduce the time and cost associated with disclosure exercises in the large, document-heavy disputes typical of BVI commercial litigation; clients benefit directly through lower costs and faster case preparation. The BVI’s long standing e-filing system (in place since 2018) and willingness to conduct hearings by video link across multiple time zones continue to reduce the practical burden of participating in BVI proceedings from overseas. At the same time, clients should be advised that the use of AI tools carries professional and evidentiary risk that is not yet the subject of specific BVI regulation, so any AI assisted work should be subject to rigorous verification before it is relied upon in the proceedings.