The BVI Commercial Court has clarified the scope of a Black Swan injunction and how it cannot be used as a mechanism to obtain disclosure about assets or to obtain evidence for foreign proceedings.

The High Court of England & Wales recently considered the scope of disclosure required to be undertaken by a party in the case of The Federal Deposit Insurance Corporation v Barclays Bank Plc.

Walkers acts for the respondents to an ex parte order made under the Black Swan jurisdiction, which permits certain preservative orders to be made in support of foreign proceedings.

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.

In almost all civil and commercial cases in the British Virgin Islands, there will be formal disclosure or exchange of documents.

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.

How do litigants mitigate the risk of their confidential information becoming public during proceedings in the British Virgin Islands? The Eastern Caribbean Civil Procedure Rules...

In two recent cases, the British Virgin Islands Commercial Court had the opportunity to clarify the effect of section 125 of the Evidence Act 2006.

When a Russian company brings a claim in the BVI against two Russian employees, employed under Russian law service agreements, it is perhaps not surprising that a forum challenge would ensue

International Arbitration Comparative Guide for the jurisdiction of British Virgin Islands, check out our comparative guides section to compare across multiple countries

This guide to British Virgin Islands dispute resolution and litigation includes commentary on litigation funding, initiating a lawsuit