BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
7.7 Level of Intervention by a Judge The court has broad powers to intervene during hear- ings and trials, as necessary. The level of judicial inter- vention depends on the issues before the court and the style of the particular judge presiding over the case, which varies. The Commercial Court is very busy, often dealing with various applications and hearings each day. As such, judgment is often given in ex tempore decisions at the end of a hearing. However, at the conclusion of lengthy and complicated applications, and certainly at the end of a trial, the judge will reserve judgment and hand down a written judgment at a later date. 7.8 General Timeframes for Proceedings The timeframe for proceedings varies significantly depending on the nature of the claim. Some urgent claims and other applications – such as for an injunc- tion, third-party disclosure order, or appointment of a liquidator – may be resolved within days or weeks. The court seeks to administer such claims very quickly. More complex claims may take over a year to pro- gress from initial filing to trial and final judgment. The trial can last for a few days or weeks, or even longer for high-value multimillion or billion-dollar claims with multiple parties. However, it is also possible for trials to be expedited in circumstances of genuine urgency, with timetables being abrogated to ensure a trial can take place more quickly than might otherwise be the case. As discussed in 10. Appeal , first instance decisions of the BVI courts may be appealed to the EC Court of Appeal and then the Privy Council, which can be a lengthy process.
terms of settlement in a consent order (known as a Tomlin order), which technically “stays” (rather than ends) the proceedings other than for the purposes of giving effect to the settlement agreement. Proceedings come to an end so long as there is com- pliance with the terms of the settlement agreement. A recent addition to the EC CPR is the concept of “judicial settlement conferences” (Part 38A). The new rules contemplate judicial involvement in the settle- ment process (i) during the case management confer- ence process and the stages leading up to a trial or the hearing of an appeal, and (ii) during the hearing or trial provided it is undertaken with the parties’ con- sent. This is intended to complement mediation as ADR for promoting the early disposition of cases. This method of judicial involvement in settlement is new and untested. It is unclear to what extent judges will feel it necessary or appropriate to intervene and/or to what extent parties would welcome such involvement rather than, say, appoint an independent mediator to assist with ADR. 8.2 Settlement of Lawsuits and Confidentiality The terms of settlement can remain confidential if agreed. The usual wording of a Tomlin order would refer to a confidential settlement agreement but would not exhibit the agreement itself. Therefore, the settlement agreement would not be on the file or be publicly accessible. The fact that the proceedings were settled by consent, however, would be publicly accessible, recorded in the court order. 8.3 Enforcement of Settlement Agreements 8.3 Enforcement of Settlement Agreements Settlement agreements are usually enforced in the manner described in 8.1 Court Approval (ie, if a party requires compliance with a term of the settlement agreement, the stay may be lifted and an application made). If, however, the settlement is not embodied in a court order, then the settlement agreement may only be enforced by bringing a new action for breach of con-
8. Settlement 8.1 Court Approval
Parties may reach a resolution of their dispute between themselves without the involvement of the court. Court approval of the terms of such settlement is not, therefore, required, although steps will inevi- tably need to be taken in order to formally bring the proceedings to an end. Often, the parties embody the
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