BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
The procedural rules relating to representative parties are set out in EC CPR Part 21. Provision is made for representation of unascertained ben- eficiaries in proceedings relating to trusts, etc. In practice, collective or class actions are not common in the BVI. 3.8 Requirements for Cost Estimate There is no procedural requirement for legal practitioners to provide a cost estimate to a cli- ent for potential litigation. However, non-binding cost estimates are commonly provided. Interim applications are a common feature of commercial litigation in the BVI and a wide range of interim remedies are available. Injunctive or other protective relief may be sought prior to the issuing of a claim. In appropriate circumstances, such applications can be made without notice to the respondent (ex parte) (see 6. Injunctive Relief ). EC CPR Part 17 sets out the framework for inter- im applications, supplemented by a substantial body of common law and equitable principles, derived from decisions of both the BVI and Eng- lish courts. 4.2 Early Judgment Applications There are a number of bases on which the court may give judgment in relation to all or part of a claim prior to trial. An early determination can be sought by way of: • application for summary judgment under EC CPR Part 15; 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
• application for strike out under EC CPR Part 26; or • the court’s inherent jurisdiction to manage cases in the interests of justice. Summary Judgment An application for summary judgment may be brought at any stage of the proceedings by any party, and is available in most types of claims. An application must be supported by evidence. The respondent is entitled to file evidence in answer. After evidence has been exchanged, the court will determine the application at a hearing, based on written evidence and submissions. Summary judgment may be ordered where the claimant has no real prospect of succeeding in the claim (or part of the claim) or where a defend- ant has no real prospect of defending the claim (or part of the claim). The test for obtaining an order for summary judgment is therefore a fairly high one. Strike Out The court may strike out a statement of case (eg, where a party is in breach of court rules or court orders, where the statement of case “does not disclose any ground for bringing or defending a claim”, or where the statement of case is an abuse of process). Whilst the power to strike out a statement of case is exercised by the court as part of its case management powers, a party can make an application seeking strike out. The threshold for obtaining an order for strike out is a high one. If a party’s statement of case is struck out by the court, judgment can be entered against that party without trial.
202 CHAMBERS.COM
Powered by FlippingBook