British Virgin Islands: Court Procedure

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Article
Foreign judgments and BVI insolvency proceedings: the impact of the Supreme Court's decision in Drelle
The UK Supreme Court's landmark decision in Servis-Terminal LLC v Drelle has overturned the English Court of Appeal's controversial ruling, clarifying that unrecognised foreign judgments can form the basis of insolvency proceedings without prior recognition. This briefing examines how the Supreme Court's restoration of the common law 'obligation principle' impacts creditors seeking to enforce foreign judgment debts in the BVI, particularly following the uncertainty created by the first instance decision in
British Virgin Islands Insolvency
CO
Carey Olsen
Article
BVI Insolvency Law: To Act Or Not To Act (Without Sanction) – That Is The Question
The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid
British Virgin Islands Insolvency
C
Conyers
Article
BVI Trusts Behind Closed Doors: Recent Amendments To The Civil Procedure Rules Shape Whether Proceedings Are Public Or Private
Recent amendments to the Civil Procedure Rules in the British Virgin Islands have introduced a clearer procedural framework for determining whether trust and estate proceedings should be heard publicly or privately. This development marks a significant shift in BVI trust and estate practice, particularly given the jurisdiction's historical approach to confidentiality in such sensitive matters.
British Virgin Islands Litigation
CO
Carey Olsen
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