BVI Norwich Pharmacal Orders Unaffected By Broad Idea (No 2)

Since the Court of Appeal's decision in Broad Idea International Ltd v. Convoy Collateral Ltd BVIHCMAP 2019/0026 ("Broad Idea (No 2)") was handed down on 29 May this year, our litigation team has frequently been asked to advise on the impact of that decision on the BVI Court's jurisdiction to grant interlocutory relief in aid of foreign proceedings, and Norwich Pharmacal orders in "support" of intended foreign proceedings. In relation to interlocutory relief generally, the reality is that, post Broad Idea (No 2), the position is now somewhat uncertain.

For example, the decision in Broad Idea (No 2) (which may well be subject to further appeal to the Privy Council and/or corrective legislative intervention) was strictly speaking confined to Chabra type relief (where no cause of action exists against the BVI defendant). The decision did not directly deal with the Court's jurisdiction to grant other forms of interlocutory relief in aid of foreign proceedings, in