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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 "wrap up orders" in Norwich Pharmacal proceedings.

This guide sets out answers to frequently asked questions on obtaining injunctive relief in the British Virgin Islands.

On 14 May 2024, the Privy Council delivered its judgment in Chhina v Nazir and Another [2024] UKPC 10, an appeal from the British Virgin Islands ("BVI").

A recent judgment handed down by the Court of Appeal of the Eastern Caribbean Supreme Court has potentially undermined the ability of lawyers to work on matters before the BVI courts and recover their fees for such work.

In relation to submission to jurisdiction, the BVI Commercial Court has signaled that in cases of ambiguity, conduct trumps words and substance triumphs over form.

This case, decided in March 2017, represents a fundamental protection for those who invest in or hold interests in the BVI.

The Evidence (Proceedings in Foreign Jurisdictions) Ordinance (Cap 24) gives statutory effect in the BVI to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters signed at The Hague on 18 March 1970, commonly known as the Hague Evidence Convention, which is attached as a Schedule to the Act.

The BVI is a leading international financial centre, and BVI companies play a significant role in the flow of capital across the global economy. As global economic conditions become more challenging...

On 31 July 2023, significant changes to the Eastern Caribbean Supreme Court Civil Procedure Rules ("ECSC CPR") will come into effect. Arguably...

On 4 October 2021, a seven-member panel of the Privy Council (the "Board") issued its judgment in Broad Idea v Convoy Collateral [2021] UKPC 24, which considered the overruling...

A BVI Court case examines whether a publicly traded company can be restrained from redomiciling to another jurisdiction when allegations of fraud and control by interested parties threaten to render enforcement of potential claims impossible. The proceedings reveal the complex interplay between corporate independence, jurisdictional authority, and the protection of alleged fraud victims in offshore litigation.

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid

The UK Supreme Court's landmark decision in Servis-Terminal LLC v Drelle has overturned the English Court of Appeal's controversial ruling, clarifying that unrecognised foreign judgments can form the basis of insolvency proceedings without prior recognition. This briefing examines how the Supreme Court's restoration of the common law 'obligation principle' impacts creditors seeking to enforce foreign judgment debts in the BVI, particularly following the uncertainty created by the first instance decision in

The BVI Commercial Court has delivered a landmark judgment addressing whether foreign judgments that remain unrecognised within the jurisdiction may properly found a statutory demand. The decision reconciles two seemingly conflicting precedents by drawing a crucial distinction between debts evidenced by foreign determinations and debts created solely by foreign judicial acts.

It is unsurprising that modern wrongdoing often hides behind anonymity. In an offshore context, such “wrongdoing” may involve a sophisticated digital asset or cryptocurrency fraud...

An injunction is a court order prohibiting a person from doing something (a prohibitory Injunction) or requiring a person to do something (a mandatory Injunction).

A discussion on the Rules of Civil Procedure in the BVI, which were subject to extensive changes.

We have created this guide to cover frequently asked questions on how the courts here in the British Virgin Islands operate.