BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Andrew Emery and Mary-Frances Morris, Emery Cooke
6. Interim Remedies 6.1 Availability of Interim Relief The following types of interim relief are available in the BVI. • Freezing injunctions (Mareva) – these are the most commonly applied for form of interim relief. A nota- ble feature of the BVI is the availability of obtaining a standalone freezing order in support of foreign proceedings. • Prohibitory injunctions. • Mandatory injunctions. • Proprietary injunctions. • Norwich Pharmacal orders (third-party disclosure). • Bankers Trust orders. Where an application for any of the above is made, such an application may be made on an ex parte basis where giving notice may defeat the object of the appli- cation. 6.2 Interim Relief to Support Arbitration and ADR The BVI offers a dual track system of interim support in arbitration. The tribunal itself can grant interim meas- ures under the Arbitration Act and the BVI courts can independently grant the full range of court remedies in support of both BVI seated and foreign arbitrations. The prior tribunal permission requirement that applies in England is dispensed with in the BVI. As described, the court can grant stays, if consented to/applied for, in order to explore other forms of ADR. 6.3 Timing of Applications for Interim Relief Applications for interim relief can be made at any stage, including before proceedings are started and after judgment has been given. This reflects the often urgent nature of interim applications. 6.4 Security for Costs Security for costs is an important procedural tool in BVI litigation, most commonly sought by defendants against claimants who are based outside the jurisdic- • Search orders. • Stop Notices. • The appointment of receivers.
tion, are impecunious, or are being funded by a third party. The court must be satisfied both that one of the specified grounds in CPR 24.3 applies and that it is just to make the order overall. Applications should be made as early as possible – ideally at the case management conference stage – and must be sup- ported by affidavit evidence. The consequences of non-compliance are severe: the proceedings are ulti- mately struck out if security is not provided in time. 6.5 Interim Injunctions A party can apply for an interim injunction at any time in the proceedings. They are readily available in the BVI and are a common feature of commercial litiga- tion. They may be sought at any stage of proceed- ings, including before a claim is issued. The Ameri- can Cyanamid test governs most applications, with the court seeking the course of least risk of injustice pending trial. Applications requiring urgency can be made without notice and even outside court hours, making the BVI a highly responsive jurisdiction for par- ties who need swift protective relief. 6.6 Summary Judgment Summary judgment is a well-established and fre- quently used procedure in BVI commercial litigation, governed by CPR Part 15. Either party may apply at any stage. The court will grant it only if it is satis- fied that the respondent’s case, whether a claim or a defence, has no real prospect of success and there is no other compelling reason to proceed to trial. It is particularly effective in debt recovery, contractual disputes with no genuine defence, and cases raising clear and contained points of law. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms There is no dedicated class action regime in the BVI. Although class actions are not specifically recognised in the BVI, the CPR does allow groups of five or more persons having a similar interest in proceedings to be represented by a single claimant or defendant. In practice, collective or class actions are not common in the BVI.
87 CHAMBERS.COM
Powered by FlippingBook