British Virgin Islands: Court Procedure

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Recognition First: Foreign Judgments And BVI Insolvency After JJW Hotels V Rhodes

The BVI Commercial Court has delivered a landmark judgment addressing whether foreign judgments that remain unrecognised within the jurisdiction may properly found a statutory demand. The decision reconciles two seemingly conflicting precedents by drawing a crucial distinction between debts evidenced by foreign determinations and debts created solely by foreign judicial acts.

British Virgin Islands Insolvency

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Conyers

BVI Case Law Update

In the recent judgment in Wang Wenwei v SPQR Limited Partnership, the BVI Commercial Court considered the novel issue of whether the Court has power to appoint provisional liquidators...

British Virgin Islands Insolvency

BP

Baker & Partners

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 Islands Litigation

H

Harneys

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 Islands Litigation

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Harneys

How Appealing: Privy Council Clarifies BVI Test For Appeal As Of Right To The Board

British Virgin Islands Litigation

W

Walkers

BVI Commercial Court Dismisses Judgment Debtors' Attempt To Set Aside US$97 Million Judgment

British Virgin Islands Litigation

C

Conyers

The BVI Privy Council Clarifies When One Can Appeal As Of Right In The British Virgin Islands

British Virgin Islands Litigation

BP

Baker & Partners

How To Get An Injunction In The BVI (Podcast)

British Virgin Islands Litigation

H

Harneys

Wrapping It Up (Podcast)

British Virgin Islands Litigation

H

Harneys

Civil Procedure Takes A Bold Step: Unravelling The Changes To Service Out Of The Jurisdiction And The Civil Procedure Rules In The British Virgin Islands

Worldwide Litigation

OW

O'Neal Webster

British Virgin Islands Litigation

H

Harneys

Norwich Pharmacal Applications Against BVI Registered Agents: BVI Commercial Court Provides New Guidance

British Virgin Islands Litigation

CO

Carey Olsen

How To Get An Injunction In The BVI

British Virgin Islands Litigation

H

Harneys

How The Court System Works In The BVI

British Virgin Islands Litigation

H

Harneys

BVI Private Wealth Solutions For Latin American High-net-worth Families

British Virgin Islands Wealth Mgt

CC

Collas Crill

Dividends By BVI Business Companies

British Virgin Islands Commercial

MG

Maples Group

From Void Acts To Personal Liability: The UKSC On BVI Director Accountability

British Virgin Islands Insolvency

C

Conyers

Recognition First: Foreign Judgments And BVI Insolvency After JJW Hotels V Rhodes

British Virgin Islands Insolvency

C

Conyers

Can You Migrate An Existing Trust To The BVI VISTA Regime... And Other Frequently Asked Questions

British Virgin Islands Commercial

CC

Collas Crill

CJEU Ruling Clarifies On Liability, Damages And TOMs For Data Breaches

The case involved a cyber-attack against the Bulgarian National Revenue Agency, resulting in a data breach affecting over six million individuals.

European Union Privacy

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Harneys

The "Inordinate, Inexcusable And Prejudicial" Delay (Podcast)

In a recent decision of Wycliffe Baird v David Goldgar and another, the Court of Appeal of Saint Christopher and Nevis has confirmed the position that an appeal can be struck out or dismissed...

British Virgin Islands Litigation

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Harneys

Splitting The Costs: The BVI Court Retains A Discretion To Order Costs At The End Of The Liability Phase Of A Split Trial

By way of background to the appeal, the 1st to 6th respondents, in their capacity as minority shareholders, commenced derivative proceedings against the appellants.

British Virgin Islands Litigation

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Harneys

Statutory Demands In The BVI - Court Of Appeal Issues Guidance On Whether A Dispute Is "genuine And Substantial"

The BVI is a leading international financial centre, and BVI companies play a significant role in the flow of capital across the global economy. As global economic conditions become more challenging...

British Virgin Islands Litigation

CO

Carey Olsen

BVI Litigation Briefing: Significant Changes To Court Rules Governing Service Out Of The Jurisdiction Come Into Effect From 31 July 2023

British Virgin Islands Insolvency

CO

Carey Olsen

Eastern Caribbean Supreme Court Civil Procedure Rules, Revised Edition 2023

Worldwide Litigation

C

Conyers

International Arbitration Comparative Guide

British Virgin Islands Litigation

H

Harneys

The Resurrection Of The Rule In Hastings-Bass Under BVI Statute

British Virgin Islands Litigation

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Harneys

A Black Swan Event: The Privy Council Clarifies The Law On Freezing Injunctions

British Virgin Islands Litigation

MG

Maples Group

BVI Passes Legislation Codifying The "Black Swan" Jurisdiction

British Virgin Islands Litigation

C

Conyers

BVI Norwich Pharmacal Orders Unaffected By Broad Idea (No 2)

British Virgin Islands Litigation

C

Conyers

Revisiting And Resisting Freezing Orders

British Virgin Islands Litigation

OW

O'Neal Webster

Update From The BVI Court: Free-Standing Freezing Orders And Foreign Defendants

British Virgin Islands Litigation

C

Campbells

In The Courts: Civil Procedure

British Virgin Islands Litigation

A

Appleby

BVI Norwich Pharmacal Orders Unaffected By Broad Idea (No 2)

Since the Court of Appeal's decision in Broad Idea International Ltd v. Convoy Collateral Ltd BVIHCMAP 2019/0026 ("Broad Idea (No 2)") was handed down on 29 May this year...

British Virgin Islands Litigation

C

Conyers

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 Islands Litigation

OW

O'Neal Webster

Update From The BVI Court: Free-Standing Freezing Orders And Foreign Defendants

In a decision handed down on 17 April 2019, the BVI Commercial Court has given guidance on the scope of its jurisdiction to grant freezing orders in support of foreign proceedings

British Virgin Islands Litigation

C

Campbells

In The Courts: Civil Procedure

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

British Virgin Islands Litigation

A

Appleby

Litigation And Enforcement In The British Virgin Islands: Overview

British Virgin Islands Litigation

C

Conyers

Case Alert: Court Of Appeal Reaffirms Dissenting Shareholder Valuation Mechanism Under BVI Law

Last week the Eastern Caribbean Court of Appeal dismissed an appeal brought by Olive Group in a welcome underlining of when a Court can interfere in the appraisal mechanism and its role in determining minority discount.

British Virgin Islands Litigation

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Conyers

Widening The Net: BVI Court Expands Post Judgment Norwich Pharmacal Jurisdiction

In UVW v XYZ, 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.

British Virgin Islands Insolvency

H

Harneys

Recoverability Of Costs For Non-BVI Lawyers

Recently in the BVI the recoverability of the fees of foreign lawyers from opposing parties has been the subject of both judicial and legislative concern.

British Virgin Islands Litigation

O

Ogier

BVI Costs Clarity: Court Finds Foreign Lawyers' Costs 'Generally Recoverable'

In the recent decision of Garkusha v Yegiazaryan and Ors the Court of Appeal created some doubt as to the recoverability and legality of foreign lawyers working on matters being litigated before the Courts in the BVI.

British Virgin Islands Litigation

H

Harneys

Overseas Lawyers And The BVI – Winds Of Change?

British Virgin Islands Wealth Mgt

O

Ogier

At What Costs? Court Of Appeal Ruling Raises Questions About BVI Legal Profession Act

British Virgin Islands Litigation

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Harneys

Navigating Cost Assessments - The BVI Commercial Judge Offers Clarity On Recoverable Costs In The Commercial Division

British Virgin Islands Commercial

C

Conyers

Black Swan: "Stand-Alone" Injunctions In Support Of Foreign Proceedings

British Virgin Islands Litigation

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Harneys

Forum Non Conveniens | Recent BVI Commercial Court Guidance

British Virgin Islands Litigation

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Walkers

The BVI's New Legal Profession Act: What English QCs Need To Know

British Virgin Islands Litigation

H

Harneys

The BVI's New Legal Profession Act: What English QCs Need To Know

British Virgin Islands Litigation

H

Harneys

BVI Commercial Court Provides Further Guidance On The Black Swan Jurisdiction

British Virgin Islands Litigation

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Walkers

English Maritime Case Raises CPR And Legal Capacity Issues For BVI Litigants

British Virgin Islands Litigation

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Harneys

Third Party Costs Orders: Service Out Judgment Puts BVI Back In Business

British Virgin Islands Litigation

C

Conyers

BVI Case Notes, February 2015

British Virgin Islands Litigation

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Harneys

Submission To Jurisdiction And ‘Impracticability’ Of Service

British Virgin Islands Litigation

C

Conyers

BVI Advice Necessary In Relation To BVI Company Claims: Wong v Wang

British Virgin Islands Wealth Mgt

H

Harneys

Three Strikes And Out - Withers BVI Succeeds In Defence Of $300m Claim

British Virgin Islands Litigation

WL

Withers LLP

Game-Changer: Harneys Opens Door To Foreign Enforcement Actions In The BVI

British Virgin Islands Litigation

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Harneys

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