The Act is also important in one further respect: it  confers a statutory basis for the Court’s power to grant Norwich Pharmacal relief in cases where disclosure might have been obtained pursuant to the provisions of the Evidence (Proceedings in Foreign Jurisdictions) Ordinance.  In a series of decisions, such as UVW v XYZ BVIHCM 2016/108 and K&S v Z&Z BVIHCM(COM) 2020/0016 the BVI Court had already departed from the approach taken in recent English authorities which have held that Norwich Pharmacal relief is not available in cases where there is an alternative statutory route to obtaining the disclosure (as in Ramilos Trading Ltd v Buyanovsky [2016] EWHC 3175 (Comm)).

In bringing the Act into force, the legislature has followed the tradition in England and in a number of other offshore financial centers, such as the Cayman Islands, to address the inability of the Court to grant freestanding relief as a result of the decision in The Siskina ([1979] AC 210 and the majority decision in Mercedes Benz AG v Leiduck [1996] 1 AC 284.  For a time, such relief appeared to be available in the BVI following the decision of Bannister J in Black Swan Investment ISA v Harvest View Limited BVIHC (Com) 2009/ 399 (Black Swan), until the recent decision of the Court of Appeal in Broad Idea v Convoy Collateral BVIHCMAP 2019/002 (Convoy 2) held that Black Swan had been wrongly decided.  The decision in Convoy 2 followed the altogether less remarkable decision of the Court of Appeal in the same case in Convoy Collateral v Cho BVIHCMAP 2016/0030 (Convoy 1) in which the Court of Appeal held that so called Black Swan relief was only available against persons subject to the territorial jurisdiction of the Court.

Exceptionally, a seven member panel of the Privy Council will hear argument in the consolidated appeals brought by Convoy Collateral on an expedited basis on 16 and 17 February 2021.

Appleby has acted throughout the Convoy litigation and will appear on behalf of the Respondent in Convoy 1, instructing David Mumford QC and Ryan Turner of Maitland Chambers.  Appleby also appeared for the successful applicant in UVW.

Share
Twitter LinkedIn Email Save as PDF
More News
1 Dec 2022 | News

Appleby leads in offshore fintech

Appleby has been ranked Band 1 for the firm’s work in the fintech sector in the BVI, Guernsey and ...

16 Nov 2022 | News

Too Late to Arbitrate

For over a decade the approach which the Court should take on applications to wind up companies has ...

10 Nov 2022 | News

Appleby adds to total of top tier rankings in Legal 500 Caribbean 2023

Legal 500 Caribbean has ranked Appleby Tier 1 for nine practice areas and recognised 53 lawyers from...

25 Oct 2022 | News

Appleby leads on six jurisdictional chapters for Legal 500’s latest Mergers & Acquisitions (M&A) guide

Appleby has authored the chapters for Bermuda, the British Virgin Islands, the Cayman Islands, Guern...

27 Sep 2022 | News

BVI Business Companies (Amendment) Act, 2022; and BVI Business Companies (Amendment) Regulations, 2022

A Notice was subsequently gazetted, announcing that the Amendments will come into force on 1 January...

11 Aug 2022 | News

Over 30 Appleby lawyers and nine offices recognised in 2022 IFLR1000

36 Appleby lawyers across nine jurisdictions have been recognised in this year’s IFLR1000 rankings...

8 Mar 2022 | News

Appleby Celebrates International Women’s Day on 8 March 2022

Appleby marks the day with 2022 campaign theme #BreakTheBias.

2 Sep 2021 | News

Three Appleby Lawyers shortlisted for Citywealth Lawyer of the Year awards

Appleby partners Garry Manley and Olwyn Barry have been shortlisted for the “IFC Lawyer of the yea...