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  • Article

    Interrogation About Assets And Black Swan

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

    Jurisdiction, Service And Forum Issues In The British Virgin Islands

    In 2023, the British Virgin Islands (BVI) and other Eastern Caribbean Supreme Court Member States implemented significant revisions to the Civil Procedure Rules.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    BVI Trusts Behind Closed Doors: Recent Amendments To The Civil Procedure Rules Shape Whether Proceedings Are Public Or Private

    Recent amendments to the Civil Procedure Rules in the British Virgin Islands have introduced a clearer procedural framework for determining whether trust and estate proceedings should be heard publicly or privately. This development marks a significant shift in BVI trust and estate practice, particularly given the jurisdiction's historical approach to confidentiality in such sensitive matters.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Changes To The BVI Civil Procedure Rules With Effect From 31 July 2023

    This is just a reminder that various changes have been made to the Eastern Caribbean Supreme Court Civil Procedure Rules, that will take effect from 31 July 2023...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Spencer West LLP
    Spencer West LLP
  • Article

    Trusts Behind Closed Doors

    In an article for STEP Journal, Alex Hall Taylor KC and Tyrone Bailey examine how recent amendments to the Civil Procedure Rules in the British Virgin Islands shape whether trust and estate proceedings...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    New Eastern Caribbean Supreme Court Civil Procedure Rules Released

    The Eastern Caribbean Supreme Court has released new Civil Procedure Rules this week, to take effect from 31 July 2023.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    BVI Court Recognises Appointment Of A Committee By Hong Kong Court Of First Instance Over The Financial Affairs Of Person Lacking Capacity

    On 17 February 2025, the BVI Court recognised a Committee, appointed by the Hong Kong Court of First Instance, with responsibility over the financial affairs of a family member who lacks capacity and has movable assets in the BVI.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Walkers Triumphs In Privy Council "Black Swan" Appeal

    The Privy Council has today handed down its judgment in Convoy Collateral Ltd v Broad Idea International Limited and Cho Kwai Chee, the so-called "Black Swan" Appeal and a related appeal, ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Service Not Included

    The Eastern Caribbean Supreme Court Civil Procedure Rules 2000 (as amended) (the "CPR") manifest a clear intention to create a comprehensive regime to ensure that there is at all times an address...
    GlobalLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Amendments To The BVI Civil Procedure Rules Series – Part Two

    Under the current regime, the Court has discretion to determine whether any matter (except for a trial) may be conducted "in chambers", meaning a private hearing or in open court, accessible to the public.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • 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

    Appeals To The Privy Council: 21 Days Does Not Mean 21 Days And 13 Hours

    On 12 July 2021, the Court of Appeal of the Eastern Caribbean Supreme Court (the "Court of Appeal") reached a unanimous ruling on the time limit for applying for a motion for leave to appeal...
    GlobalLitigation, 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 BVI Civil Procedure Rules Undergo Significant Amendment

    Like a reliable and familiar friend, BVI litigators have been accustomed to the Eastern Caribbean Supreme Court Rules ("the CPR") for a considerable period.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Amendments To The BVI Civil Procedure Rules Series – Part Four

    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.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • 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

    Costs In Liquidation Proceedings – Does The Failure To Set Aside A Statutory Demand Subvert The General Rule That Costs Follow The Event?

    The British Virgin Islands (the BVI) insolvency regime provides for the issuance of statutory demands against BVI companies.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Mourant
    Mourant
  • Article

    BVI Court-Appointed Receiverships: Draconian Or Versatile Remedy?

    Historically receiverships were viewed as a draconian remedy of last resort. Today, however, receivers are appointed to address a wide range of legal circumstances.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Service Out Of The BVI: Revolution Or Evolution?

    The 2023 amendments to the Eastern Caribbean Supreme Court Civil Procedure Rules included changes to Part 7, which sets out the rules for service out of the jurisdiction.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Overseas Lawyers And The BVI – Winds Of Change?

    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.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Showing 1–20 of 24 results

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