bvi court judgment

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. Forte. Court hands down key judgment on BVI hedge fund insolvencies. Widening the Net: BVI Court expands post judgment Norwich Pharmacal jurisdiction. The Claimant initially obtained a Black Swan injunction against the NCADs in the BVI, without issuing a separate claim in the BVI against the CAD. 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. Type: Insight. 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.. Carey Olsen acted for some of the successful appellants. 30. 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? 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. Forte. 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 … Primary Contact . The court was willing to grant the application since both parties agreed that Prince, in fact, never became a member of Project Panther and his name had been entered on the register of members without sufficient cause. 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. 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. Published: 27 Nov 2017. 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. Appleby acted for the Appellant in the Antow case in BVI and for the dissenting shareholders in Qunar and Nord Anglia in Cayman. 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. 809 of 2011 under Section 9 of the Act also cannot be granted. 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. 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. A Feb. 18 judgement in which the Supreme COurt decides that the "joint enterprise" charge precedent set 30 years ago has been misinterpreted. 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. 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. 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). Daily news, documents and intelligence about Offshore Financial Centers and those who conduct business in … This judgment is a broadening of the Norwich Pharmacal jurisdiction. Eastern Caribbean Supreme Court ruling on a case in which Peebles Hospital staff mistakenly disposed of the body of a baby Case Alert: The Court of Appeal Affirms the Jurisdiction of the BVI court to Award Pre-Judgment Interest. 31 Oct 2016. 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. The Privy Council dismissed the appeal, upholding the decisions of the judge at first instance and the Court of Appeal. 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