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";s:4:"text";s:15452:"Carey Olsen acted for some of the successful appellants. Andrew Willins . 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. 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. 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. 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. 30. The Court illustrated that in that case, the Privy Council held that: “They are satisfied that the court had jurisdiction to award pre-judgment…”. 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]. 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. Type: Insight. 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? Published: 27 Nov 2017. This judgment is a broadening of the Norwich Pharmacal jurisdiction. September 2020 Appeal. 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. 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. 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 … 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. 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. Daily news, documents and intelligence about Offshore Financial Centers and those who conduct business in … 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. 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. September 2020 Jevgenija (Jane) Fedotova Mark J. BVI judgment: Limitations on the court’s supervisory jurisdiction over its officers. A Feb. 18 judgement in which the Supreme COurt decides that the "joint enterprise" charge precedent set 30 years ago has been misinterpreted. February 2018 Alecia Johns Mark J. 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. This judgment is a broadening of the Norwich Pharmacal jurisdiction. 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. 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. 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. Forte. 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. 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. Appleby acted for the Appellant in the Antow case in BVI and for the dissenting shareholders in Qunar and Nord Anglia in Cayman. This Court does not find any ground having been made out by the Appellant for interference with the impugned order of the Arbitral Tribunal. 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 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. 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. The relief prayed for in OMP No. 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.. Partner: BVI. Submitted. 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. 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. 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 Privy Council dismissed the appeal, upholding the decisions of the judge at first instance and the Court of Appeal. 13/03/2013 - 10:03am. 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