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  • Podcast

    The "Inordinate, Inexcusable And Prejudicial" Delay (Podcast)

    In a recent decision of Wycliffe Baird v David Goldgar and another, the Court of Appeal of Saint Christopher and Nevis has confirmed the position that an appeal can be struck out or dismissed...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Eastern Caribbean Supreme Court Civil Procedure Rules, Revised Edition 2023

    The Eastern Caribbean Supreme Court Civil (ECSC) Procedure Rules, Revised Edition 2023 repeal and replace the Eastern Caribbean Supreme Court Civil Procedure Rules 2000.
    GlobalLitigation, Mediation & Arbitration
    Conyers
Conyers
  • Article

    Third Party Costs Orders: Service Out Judgment Puts BVI Back In Business

    In Halliwel Asset Inc and Panikos Symeou and Marigold Trust Company Limited-v-Hornbeam Corporation, Vadim Shulam (Respondent) Claim No BVIHCMAP 2015/0001, a "non-party" Mr Shulman was a resident of Monaco.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Expiry Of BVI Claim Form Defeats US$ 30 Million Claim And Worldwide Freezing Order

    Two and a half years after VTB Bank filed a US$ 30 million claim in the BVI Commercial Court against Withers BVI client Alexander Katunin for enforcement of a Russian default judgment...
    British Virgin IslandsCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • Article

    BVI Case Law Update

    In the recent judgment in Wang Wenwei v SPQR Limited Partnership, the BVI Commercial Court considered the novel issue of whether the Court has power to appoint provisional liquidators...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    BVI Commercial Court Dismisses Judgment Debtors' Attempt To Set Aside US$97 Million Judgment

    In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    BVI Costs Clarity: Court Finds Foreign Lawyers' Costs 'Generally Recoverable'

    In the recent decision of Garkusha v Yegiazaryan and Ors the Court of Appeal created some doubt as to the recoverability and legality of foreign lawyers working on matters being litigated before the Courts in the BVI.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    CJEU Ruling Clarifies On Liability, Damages And TOMs For Data Breaches

    The case involved a cyber-attack against the Bulgarian National Revenue Agency, resulting in a data breach affecting over six million individuals.
    European UnionPrivacy
    Harneys
    Harneys
  • Article

    Pre-Funding Investigation, Litigation Privilege And Disclosure: Implications Of The Recent English Decision In Uber v White

    The English Commercial Court has ruled that documents created during a litigation funder's pre-funding investigation do not attract litigation privilege, and that such documents may be within the control of claimants whose solicitors were previously engaged by the funder. This decision has significant implications for how litigation funders structure their retainer arrangements and manage confidentiality during the investigatory phase of potential claims.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    BVI Passes Legislation Codifying The "Black Swan" Jurisdiction

    On 7 January 2021, the BVI enacted an important amendment to the Eastern Caribbean Supreme Court (Virgin Islands) Act (the "Act") which provides that the BVI court now has...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Podcast

    Wrapping It Up (Podcast)

    In the recent decision of CF v DLG, the BVI Commercial Court held that a two-step process is to be preferred over the use of âwrap up ordersâ in Norwich Pharmacal proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    How Appealing: Privy Council Clarifies BVI Test For Appeal As Of Right To The Board

    Jurisdictions in which the ultimate avenue for appeal lies to the Judicial Committee of the Privy Council (the "Board" or "Privy Council") have different local statutory and procedural rules...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Revisiting And Resisting Freezing Orders

    Freezing orders are one of the most important weapons in a court's arsenal to prevent parties from disposing of or dissipating assets to ensure they will be available to satisfy a potential future money judgment.
    British Virgin IslandsLitigation, Mediation & Arbitration
    O'Neal Webster
    O'Neal Webster
  • Article

    The Rights Of Sanctioned Litigants To Access To The Court: Court Of Appeal Issues Key Decision In The BVI

    The British Virgin Islands Court of Appeal examines whether sanctions against a Russian bank unlawfully denied it access to justice in fraud proceedings, and whether the trial judge properly assessed the merits of joint tortfeasor liability claims under Russian law at the interlocutory stage.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Navigating Cost Assessments - The BVI Commercial Judge Offers Clarity On Recoverable Costs In The Commercial Division

    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.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    BVI Case Notes, February 2015

    Third party costs order: Does the Court have power to permit service of application out of the jurisdiction?
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    English Maritime Case Raises CPR And Legal Capacity Issues For BVI Litigants

    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.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Game-Changer: Harneys Opens Door To Foreign Enforcement Actions In The BVI

    Harneys has successfully brought an action that changes the law relating to the access of the BVI Courts to enforce a foreign judgment.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Norwich Pharmacal Applications Against BVI Registered Agents: BVI Commercial Court Provides New Guidance

    In its recent judgment, the BVI Commercial Court has provided clarification and guidance on Norwich Pharmacal applications against BVI registered agents.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    The Resurrection Of The Rule In Hastings-Bass Under BVI Statute

    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...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Showing 21–40 of 63 results

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