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On 29 April 2016, the Honourable Justice Barry Leon, the Commercial Court Judge in the BVI, handed down a detailed Judgment on the assessment of costs in the Commercial Division.

In a lengthy and closely reasoned judgment, the Court conducted a detailed analysis of the provisions of the BCA which impose the legislative regime for dealing with bearer shares held in BVI incorporated companies.

The Revised Eastern Caribbean Supreme Court Civil Procedure Rules (the "Revised CPR") come into force on 31 July 2023, and with them a significant change to the rules which govern service of proceedings on foreign defendants outside the British Virgin Islands and other ECSC Member States' jurisdictions.

Third party costs order: Does the Court have power to permit service of application out of the jurisdiction?

In the recent judgment of Von der Heydt Invest S.A. v Multibank FX International Corporation (BVIHCMAP2022/0008), the Eastern Caribbean Court of Appeal affirmed the criterion...

Last week, the Eastern Caribbean Court of Appeal (ECCA) handed down its judgment on an attempted appeal by a BVI company, Greater Sail Limited ("Greater Sail"), against orders..

In a twist of misfortune, the Claimant's solicitors applied to come off the record immediately before the security for costs application and its demitting solicitors appeared with only instructions to seek an adjournment.

Harneys has successfully brought an action that changes the law relating to the access of the BVI Courts to enforce a foreign judgment.

On 18 September 2018 the Eastern Caribbean Supreme Court – Court of Appeal (BVI) handed down judgment in the matter of Livingston Properties Equities Inc and Ors v JSC MCC EuroChem and Ors.

The recent amendments to the British Virgin Islands Trustee Act (the Act) has rightly resurrected an old rule commonly known as the rule in Hastings-Bass which is restricted by the decision...

A foreign claimant in a BVI liquidation may now need to decide whether, if he has an alternative potential remedy, he can pursue that remedy in parallel with a claim in the BVI liquidation.

In Sang Cheol Woo v Charles C Spackman, the BVI Commercial Court handed down its first written judgment on the issue of whether the Court has jurisdiction to grant a committal order against...

A derivative action is brought where a wrongdoer, most commonly a director of the company, has caused the company loss through their wrongdoing.

Part XIX of the Insolvency Act 2003 was introduced to support cross‑border cooperation. Still, many years on, there is real debate about the reach of section 467 and how far the court will go to help foreign proceedings.

The Commercial Court of the British Virgin Islands was established in 2009 and since then it has dealt with a high volume of financial services work.

The Court of Appeal has given valuable and clear guidance on the circumstances in which applications during an ongoing liquidation may constitute ‘final decisions' for the purpose of bringing appeals to His Majesty...

On 19 June 2024, the Judicial Committee of the Privy Council handed down its judgment in Sian Participation Corp (In Liquidation) v Halimeda International Ltd...