BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
of a claim relating to the insolvency of a BVI company. Rule 7.3 (11) is a new provision that expressly permits service out of the jurisdiction where an application is made for interim relief where proceedings have been or are about to be commenced in a foreign jurisdic- tion. Finally, a new gateway has been introduced by Rule 7.3 (12) where a claim is made for a costs order against a person who is not a party to the BVI pro- ceedings. The new rules preserve the procedure to seek leave of the court to serve court processes abroad. Leave of the court is required where service outside the jurisdiction is not otherwise permitted under the new Rule 7.2. This will principally be the case where the claimant is seeking leave to serve by an “alternative method” under what is now Rule 7.10. A party who is served out of the jurisdiction under the new rules may apply to the court for an order setting aside the service of the court process on the basis that (i) the court process does not fall within a jurisdictional gateway; (ii) the claimant does not have a good argu- able case; or (iii) the case is not a proper one for the court’s jurisdiction. 3.4 Initial Complaint roceedings are usually commenced by claim form, with a statement of claim, under Part 8 of the EC CPR. To commence a claim, the claim form must be filed and served on the defendant. The claim form and statement of claim are usually served together. The claim form is brief, setting out a short summary of the claim and remedies sought. The statement of claim is detailed, setting out concisely the facts and matters upon which the claimant relies in support of its claim. A statement of claim can be amended once, without permission of the court, prior to the first case man- agement conference. Additional amendments can be made with permission of the court. Certain specified proceedings can be commenced by a “fixed-date claim form”. A fixed-date claim is sup- ported by affidavit evidence. A first hearing will be listed, at which the court may determine the matter
summarily or give directions for the future conduct of the case. 3.5 Rules of Service Service Within the Jurisdiction The claimant is responsible for the service of the claim form and statement of claim on all defendants within the jurisdiction in accordance with EC CPR Part 5. Acceptable methods of service depend on whether the defendant is a natural or legal person. • Individuals must be served personally. • Companies can be served by leaving the claim form at the company’s registered office, but it is also possible to serve directors or officers of the company or to send the claim form by fax or pre- paid post; companies are usually served by deliv- ery to the registered office. • Alternative methods of service may be used in particular circumstances. Electronic service (eg, by email) is permissible by agreement, or pursuant to court rules or practice directions. Service Out of the Jurisdiction As explained in 3.3 Jurisdictional Requirements for a Defendant , the rules on service out of the jurisdiction have recently changed and have largely removed the requirement to seek the permission of the court to A defendant must file an acknowledgement of service within 14 days of service of the claim form, and a defence within 28 days of service. These time periods are extended when service is outside the jurisdiction. Failure to respond can result in a default judgment against the defendant. The procedure for entering default judgment is governed by EC CPR Part 12 and depends on the nature of the claim and whether the defendant has failed to acknowledge service or file a defence. serve out of the jurisdiction. 3.6 Failure to Respond
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