BVI Case Notes, May 2013

Recent cases out of the British Virgin Islands (BVI) Commercial Court deal with issues including third party costs and the applicability of Black Swan freezing relief in support of foreign derivative claims. In addition a Harneys litigator considers the duties of nominee directors in remarks delivered at the recently concluded Offshore Alert conference.

Court rules on third party costs

Harneys recently acted for a third party objector in an appointment of liquidator proceedings. 

The liquidator applied to the Court for a costs order against Harneys' client seeking the full costs of their application. Harneys submitted that the client was in fact a non party and as such the common law rules and the Eastern Caribbean Supreme Court's Civil Procedure Rule 64.10 applied since non-party costs awards are exceptional in the Territory.