The BVI Court has recently clarified the scope of the Norwich Pharmacal jurisdiction set out in UVW v XYZ. The Court held that this jurisdiction permitted the grant of disclosure orders in support of the enforcement of a judgment where there was a reasonable suspicion that a disclosure defendant was mixed up in the wilful evasion of a judgment debt. In an application heard by Mr Justice Wallbank, Walkers successfully relied on UVW v XYZ and obtained a Norwich Pharmacal order against a BVI registered agent on the grounds that the disclosure sought would assist with ongoing efforts to enforce a substantial money judgment. The Court was satisfied that the facts demonstrated a pattern of wilful evasion by the judgment debtor which meant that the matter sat well within the narrow band of cases where such relief is available.
This is an important judgment for the BVI jurisdiction as it demonstrates the willingness of the BVI Court to assist with asset-tracing and prevent the wilful frustration of recovery efforts by judgment debtors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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