BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
3.4 Initial Complaint Proceedings 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 usu- ally served together. The claim form is brief, setting out a short sum- mary of the claim and remedies sought. The statement of claim is detailed, setting out con- cisely 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 management conference. Additional amendments can be made with permission of the court. Certain specified proceedings can be com- menced by a “fixed-date claim form”. A fixed- date claim is supported by affidavit evidence. A first hearing will be listed, at which the court may determine the matter summarily or give direc- tions 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 defend- ants 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 prepaid post; companies are
usually served by delivery 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 Require- ments 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 serve out of the jurisdiction. 3.6 Failure to Respond 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 judg- ment 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. 3.7 Representative or Collective Actions The EC CPR does not have any rules relating to collective or class actions. However, where five or more persons have the same or similar interest in proceedings, the court may order the appointment of a body, or one of the persons with an interest, as a representative party (whether as claimant or defendant) in the proceedings.
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