BVI Commercial Court Delivers Key Decision On Third Party Disclosure Orders

The BVI Commercial Court has confirmed that it has jurisdiction to order third parties to provide disclosure on Norwich Pharmacal principles in order to assist with the enforcement of judgments, including foreign judgments.

UVW V XYZ (a registered agent) BVIHC (COM) 108 of 2016 (27 October 2016)

In addition, the decision also confirms that the BVI Court can order third parties to provide disclosure in order to police interim freezing orders granted by the BVI or foreign courts.

This will provide additional confidence to parties seeking to enforce and execute judgments in respect of assets held in the BVI, and will reassure businesses that the BVI's confidentiality regime does not enable counter-parties to evade the enforcement of legitimate decisions from international courts.