Amend Your Notice Or Be Confined To Your Application

This week, the BVI Commercial Court (the "Court") has handed down judgment in Briefline Assets Ltd v Nikolay Falin and Anor, where the Honourable Mr Justice Jack has clarified how the Court will interpret Civil Procedure Rule ("CPR") 11.7 on the requirements for an application notice in the territory.

CPR 11.7

This provision of the Eastern Caribbean CPR requires, among other things, that an application must state: (a) briefly the ground on which the applicant is seeking the order; and (b) what order the applicant is seeking.

On applications seeking strike out, reverse summary judgment or an amendment to pleadings, the Court was asked to consider the scope of CPR 11.7, and whether a holistic or purposive approach could be taken on its requirement for an applicant to set out the grounds of his application. Alternatively, whether that requirement should be applied strictly by the Court, such that an applicant would be confined to those grounds contained in his