Privy Council Issues Landmark Decision On Freezing Injunction Jurisdiction

In Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24, the majority judgment of Lord Leggatt in the Privy Council upheld the decision in Black Swan, overruling the Eastern Caribbean Court of Appeal, and decided that it was finally time to move on from The Siskina¹. However, from a Bermuda perspective, while this clarification is welcome, issues remain regarding service of defendants outside the jurisdiction.

The applications for injunctive relief

Convoy brought proceedings in Hong Kong, claiming damages and other relief against Dr Cho, a Hong Kong resident, as well as other defendants not including Broad Idea. In the British Virgin Islands (BVI) Convoy applied separately for freezing injunctions against Dr Cho and against Broad Idea, a company located in the BVI.