"Black Swan BVI;
Siskina must die;
Freestanding Mareva;
Test from Ninemia;
Privy Council states the law;
We can't take it any more!"
("We Didn't Start the FIRE" – With apologies to
Billy Joel)
There has been more heat than light in the area of freezing
injunctions in the British Virgin Islands (the "BVI"), in
particular in recent years so it comes as a welcome relief that the
Privy Council have cast a cold eye over the law in Broad Idea
International Ltd v Convoy Collateral Ltd [2021] UKPC 24 (the
"Judgment"). The Judgment is, as recognised by his
Lordship Sir Geoffrey Vos, "ground-breaking" (para.
221).
Although the Judgment provides definitive clarity in relation to
some points of uncertainty in the BVI not all of the same points
arise in relation to other Caribbean jurisdictions, such as the
Cayman Islands. Nevertheless, their Lordships' statement in the
Judgment as to the purpose and scope of interim relief will
undoubtedly be useful and