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In 2020, Judgments, September, Territory of the Virgin Islands event 4 months ago on 09/22/20 12:42 PM Shallan Overseas Investments Limited v Primefuels Investments Limited et al On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to service out of foreign judgments and arbitral awards. Instead, pursuant to rule 72.6, all that must be served on the debtor is notice of the registration (which can be served out of the jurisdiction without the need for leave). BVI judgment: Limitations on the court’s supervisory jurisdiction over its officers. The court noted that an award under the SIAC rules was not like a foreign judgment where an appeal on the merits will decide the substance of the claimant's case. Published: 27 Nov 2017. This judgment is a broadening of the Norwich Pharmacal jurisdiction. The Court illustrated that in that case, the Privy Council held that: “They are satisfied that the court had jurisdiction to award pre-judgment…”. In doing so it upheld the "impressive ex tempore judgment" of the BVI Commercial Court Judge, Justice Wallbank, which dismissed attempts to stay the BVI proceedings. Appleby acted for the Appellant in the Antow case in BVI and for the dissenting shareholders in Qunar and Nord Anglia in Cayman. The Court of Appeal of the Eastern Caribbean Supreme Court on 11 March handed down an important ruling on the question of where investors stand in the “waterfall” of distributions in the liquidation of investment funds under British Virgin Islands law. An aggrieved party which has started proceedings in the BVI must seek court permission to serve the claim form out of the jurisdiction on a foreign defendant. Type: Insight. In UVW v XYZ (27 October 2016), the BVI Court gave an important judgment in relation to the obligations of a registered agent to provide third party disclosure to assist a foreign judgment creditor trace assets. A Feb. 18 judgement in which the Supreme COurt decides that the "joint enterprise" charge precedent set 30 years ago has been misinterpreted. BVI Court Releases a $38 Million Judgment in Unfair Prejudice Dispute Between Kyiv-Based Shareholders Martin Kenney & Co (BVI), led by Justin Fenwick QC (London) and instructed by ENGARDE Attorneys at Law (Kyiv) successfully represent claimants in a complex oppression remedy claim before the BVI High Court against Andrey Adamovsky and Stockman Interhold SA. The Privy Council yesterday gave helpful guidance on the principles to be applied when seeking to stay proceedings on forum grounds – a common feature of BVI disputes. The claimant must first make an application to the High Court, upon which the High Court will make a determination on whether the foreign judgment meets the specific requirements for registration. 13/03/2013 - 10:03am. A new weapon in the BVI Commercial Court’s armoury, and a sign of the jurisdiction’s determination to assist foreign judgment creditors in appropriate cases, Harneys partner Andrew Thorp and counsel Peter Ferrer assess a recent case which broadens power under the Norwich Pharmacal jurisdiction when seeking to trace debtor assets. ADF STATEMENT ON THE RULING OF THE SUPREME COURT OF NIGERIA ON THE GOVERNORSHIP ELECTION IN IMO STATE, The Working Committee of the Alaigbo Development Foundation (ADF) has … 30. This Court does not find any ground having been made out by the Appellant for interference with the impugned order of the Arbitral Tribunal. The BVI Court of Appeal has issued an interesting and timely judgment clarifying the principles applicable on a forum non conveniens challenge, in relation to claims alleging a multi-million dollar fraud purportedly involving a number of BVI incorporated companies and other foreign defendants. Primary Contact . Submitted. Before a foreign judgment becomes enforceable in the BVI it must first be recognised or registered in the BVI so that it can take effect as if it were, in fact, a judgment of a BVI court. Case Alert: The Court of Appeal Affirms the Jurisdiction of the BVI court to Award Pre-Judgment Interest. Court hands down key judgment on BVI hedge fund insolvencies. The BVI Court has handed down a judgment in KS v ZZ BVHICM 2020/0016 that explores in some detail the jurisdiction of the BVI High Court to grant Norwich Pharmacal disclosure relief in aid of foreign legal proceedings. Forte. Carey Olsen acted for some of the successful appellants. The relief prayed for in OMP No. In UVW v XYZ (27 October 2016), the BVI Court gave an important judgment in relation to the obligations of a registered agent to provide third party disclosure to assist a foreign judgment creditor trace assets. As such the BVI court satisfied itself that the Hong Kong judgment could be taken into account notwithstanding the provisions of the BVI Evidence Act. This judgment was appealed to the ECSC Court of Appeal which confirmed that the BVI had not enacted legislation conferring jurisdiction on BVI courts to grant charging orders. The CAD was not a BVI resident, but it was claimed that two BVI companies held assets for the CAD which would be amenable to satisfy an eventual judgment against the CAD. September 2020 Appeal. The judgment of the BVI Court of Appeal in JSC BTA Bank v Fidelity Corporate Services Limited et al BVIHCVAP 2010/0035 had confirmed that a registered agent, by taking that role, facilitates the functioning of the company for the purposes of the third party being “mixed up” in “wrongdoing” by the debtor [12]. However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3(5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made “by a foreign court or tribunal and amenable to be enforced at common law”. Forte. 31 Oct 2016. Partner: BVI. September 2020 Jevgenija (Jane) Fedotova Mark J. Maples and Calder, the Maples Group's law firm is pleased to welcome the BVI Commercial Court's first published judgment, in the Matters of Durant International Corp (in Liquidation), Kildare Finance Ltd (in Liquidation), MacDoel Investment Limited (in Liquidation) BVIHC (COM) 2017/134, 2017/135, 2019/0020, concerning orders sanctioning the pooling of concurrent related liquidations. An aggrieved party which has started proceedings in the BVI must seek court permission to serve the claim form out of the jurisdiction on a foreign defendant. Judgment in AI International Holdings (BVI) Limited, of the British Virgin Islands v. George Tushinsky at the Supreme Court of the State of New York, County of New York. Although the Commercial Court may hear cases from any of the nine member jurisdictions of the Eastern Caribbean Supreme Court, in practice for a number of different reasons the Commercial division's work is predominately from the British Virgin Islands. Application of Article 15 of the Hague Service Convention 1965: When Can a Court Give a Judgment if Service of the BVI Proceedings is Unsuccessful? This judgment is a broadening of the Norwich Pharmacal jurisdiction. February 2018 Alecia Johns Mark J. In a significant case handed down by the BVI Commercial Court on Wednesday 1 May, Justice Bannister has given a clear indication of the approach which the BVI Court will take to forum challenges in the context of claims for unfair prejudice under section 184I of the BVI Business Companies Act 2004 (“BCA”). Widening the Net: BVI Court expands post judgment Norwich Pharmacal jurisdiction. Ciban Management Corporation v Citco (BVI) Ltd [2020] UKPC 31 is a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands relating to directors' duties and the legal rule known as the Duomatic principle.. Andrew Willins . On 20th November 2017 the Court of Appeal handed down its judgment in the latest round of litigation arising out of the fallout of Bernard Madoff’s multi-billion-dollar ponzi scheme. The BVI court concluded that once an award has been upheld by the supervisory court, it should treat the question of enforceability as concluded, no matter whether that decision is presently under appeal. The Privy Council dismissed the appeal, upholding the decisions of the judge at first instance and the Court of Appeal. Wallbank J had indicated in the 2019 decision in Q v R that the BVI Court would not follow the English Commercial Court decision in Ramilos (see here). The Court noted that the judgment in Alphonso v Ramnath, has not been overruled by any higher court but instead, has been reinforced by the judgment of the Privy Council in another BVI appeal in the case of Creque v Penn. The estates of three companies tied up in a “substantial fraud” allegedly carried out by São Paulo’s former mayor can be pooled, a British Virgin Islands court has ruled, in the first published judgment of its kind. 809 of 2011 under Section 9 of the Act also cannot be granted. The Act also confirms sthe BVI Court's common law jurisdiction to make disclosure orders (e ... named after the case in which Justice Bannister applied the dissenting judgment of Lord Nicholls in Mercedes Benz AG v Leiduck [1996] 1 AC 284, and ruled that the BVI Court was not bound by the majority decision in that case. However, it held that the BVI courts had this jurisdiction based on historic English legislation in force as at 1 January 1940 (Judgements Act of England 1838 and 1840). Daily news, documents and intelligence about Offshore Financial Centers and those who conduct business in … The judgment could be relied upon as evidence of the defendant’s dishonesty, even if it could not be relied upon as evidence of the defendant’s credibility as a witness. Application of Article 15 of the Hague Service Convention 1965: When Can a Court Give a Judgment if Service of the BVI Proceedings is Unsuccessful? Eastern Caribbean Supreme Court ruling on a case in which Peebles Hospital staff mistakenly disposed of the body of a baby Where a judgment has been registered under Part 72, it can be enforced in the BVI without the need to file a claim form in the BVI High Court at all. judgment is registrable within 12 months of the date of judgment, unless the BVI court grants a longer period on the basis that it is just and convenient to do so. 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