Harneys has successfully brought an action that changes the law
relating to the access of the BVI Courts to enforce a foreign
judgment. The Court of Appeal victory was quickly followed by a
change in the civil procedure rules to reflect the judgment.
Prior to the decision of the Eastern Caribbean Supreme Court in
the Court of Appeal on 18 December 2013, a claimant who sought to
enforce a money judgment from a non-recognised foreign court
(recognised foreign courts defined below) against a foreign
defendant would have encountered an insurmountable hurdle in
obtaining leave to serve the claim out of the jurisdiction. Indeed,
Westburg Anstalt (Westburg) faced such a
hurdle when it obtained a final and conclusive monetary judgment
from the Courts of Liechtenstein against Profitstar Anstalt
(Profitstar). Westburg initiated a claim
in the BVI intending to enforce its monetary judgment against
shares held by Profitstar in a BVI company. The Court at first
instance dismissed
