BVI Sets Precedent: Landmark Ruling On Foreign Judgment Enforcement At Common Law

The BVI Commercial Court has issued a landmark decision clarifying the common-law principles surrounding the enforcement of foreign judgments. In Cashman Equipment Corp v EMCS Caribbean Ltd, the court upheld a U.S. judgment against a BVI company, providing a detailed analysis of jurisdictional requirements and defenses for practitioners. For detailed insights, read below.

Sterlington BVI obtained judgment on an action at common law to enforce a US Judgment against a BVI Company. For the first time, the BVI Commercial Court gave a detailed judgment on the principles of common law enforcement, which will be well known to legal practitioners in the British Commonwealth. The matter was not straight forward because it involved simultaneous proceedings in Massachusetts, Trinidad and Tobago and the BVI. The matter provides a clear illustration of the common law principle that a foreign judgment, which is final and conclusive, on the merits and not impeachable for lack of