BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
4.7 Application/Motion Timeframe Generally, applications for interim orders must be filed and served at least seven days before the hearing. Urgent applications can have a shorter timeframe. Urgent without notice applications can be heard at very short notice provided grounds for urgency are set out in a certificate of urgency. In practice, most non-urgent applications in the Com- mercial Court are classed as “ordinary” applications and are subject to standard directions, namely: • evidence in support of the application must be served with the application; • evidence in answer to an application must be filed and served by the respondent within 14 days of service of the application; and • the applicant may, if it chooses, serve evidence in reply within seven days of service of the evidence in answer. The application will be heard after evidence exchange, on a date fixed by the court by reference to the par- ties’ and the judge’s respective availability. The parties are able to agree variations to this timetable and/or to seek bespoke directions. The time it will take for an application to be deter- mined by the court will depend on the length of the hearing required and the court’s availability. Discovery is available in civil cases. For matters pro- ceeding to trial, at the case management conference the court is required to consider whether to give direc- tions for standard disclosure. Parties are responsible for complying with their dis- closure duties. Parties’ lawyers are also required to ensure that disclosure is conducted by their client properly. Disclosure is administered by the parties, not the court. However, where a party is not satisfied with disclosure by another party pursuant to standard 5. Discovery 5.1 Discovery and Civil Cases
An interested party wishing to be joined can apply for an order for joinder. The court has broad powers to add a party where: • it is desirable to do so to resolve all of the matters in dispute; or • there are issues involving the party to be added that are connected to the matters in dispute in the proceedings and it is desirable to add the new party to resolve those issues. If an order for joinder is made, the court may give directions as to the service of statements of case and other documents, and other appropriate case man- agement. 4.5 Applications for Security for Defendant’s Costs Rules for security for costs are set out in EC CPR Part 24. An application for security for costs should be made “where practicable” at a case management conference or pre-trial review, but such applications are often brought standalone and can be made at any time, most commonly prior to or shortly after the first case management conference. One or more of the grounds set out in EC CPR Part 24.3 must be satisfied to order security for costs. In each case, the court has discretion and will take into account the overall circumstances of the case and the parties. The grounds include where the claimant is outside the jurisdiction, and where the claimant has taken steps to place its assets beyond the court’s jurisdiction. If ordered, the proceedings will be stayed until security is provided, and if security is not provided by the date specified, the claim will be struck out. Security can be provided in a number of ways, including payments into court or a third-party bond or guarantee. 4.6 Costs of Interim Applications/Motions The successful party in an application is usually enti- tled to have its costs of the application paid by the unsuccessful party. The principles applied are as set out in 11. Costs .
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