Walkers acts for the respondents to an ex parte order made under the Black Swan jurisdiction, which permits certain preservative orders to be made in support of foreign proceedings.
At the ex parte hearing, the respondent BVI companies and their registered agents were required to provide extensive Norwich Pharmacal and/or Bankers' Trust disclosure. At the inter partes hearing Walkers argued that the respondents had sought orders outside of the Black Swan jurisdiction and were not entitled to any of the disclosure sought. Having reserved judgment, Bannister J discharged the disclosure obligations and directed that none of the disclosure sought by the applicants be provided. The Judge considered that it was an abuse of the Norwich Pharmacal jurisdiction to seek to obtain materials for use in foreign proceedings once those proceedings had been commenced.
This decision is important as it confirms that the Black Swan jurisdiction cannot be used to interrogate BVI companies about their assets and is limited to providing preservative relief.
Partner Sandie Corbett and associates Jennifer Fox and Colleen Farrington based in Walkers' BVI office acted in this matter.
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