BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
adjust their sitting hours to take into account parties, witnesses and experts in different time zones. The judge hands down a final judgment, usually in written form. 7.2 Case Management Hearings Shorter hearings in relation to interim motions or applications are also conducted by oral argu- ment before a single judge. Case management hearings usually take place shortly after the fil- ing of a defence, and deal with timetables and other directions relating to expert reports, wit- ness statements and disclosure. In lengthy complex proceedings, there is usually more than one case management conference, at which interim applications (such as security for costs) are heard along with consideration of timetables and directions. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases. A sin- gle judge in civil cases considers issues of fact and law at trial. Jury trials are only available in criminal cases. 7.4 Rules That Govern Admission of Evidence The admission of evidence at trial is governed by the Evidence Act 2006, Parts 29–33 of the Civil Procedure Rules, and the common law. As noted in 5.5 Legal Privilege , legal privilege is recognised in the BVI. Legally privileged docu- ments are generally not admissible at trial. 7.5 Expert Testimony Expert testimony is permitted at trial, but a party cannot submit an expert report or call an expert
witness without the court’s permission, usually given at the case management conference. Although appointed by a party, the duty of an expert is to assist the court objectively and impartially, and this overrides any obligation to the party by whom the expert is instructed. The court does not directly appoint experts, but does have oversight and management over the appointment. The court may direct, when two or more parties wish to submit expert evidence, that evidence be given by a single expert. If the court wishes to seek expert testimony or guidance on a specific point, then it would usu- ally indicate this to the parties and ask them to seek such evidence rather than seeking it directly. 7.6 Extent to Which Hearings Are Open to the Public The general rule in the BVI is that hearings are open to the public. In practice, most hearings are conducted in chambers, where a non-party would normally need to obtain the court’s per- mission to attend. Trials, appeals and some insolvency applications are heard in open court, and generally open to the public. The court may also order that hearings are held in camera (ie, in private). The BVI courts follow the principle of open jus- tice, and will only order that hearings be held in camera when there are issues of great sensitivity, confidentiality or privacy. In such rare circum- stances, the court file may also be “sealed” to avoid inspection of any documents relating to the case by a third party, and may also anonymise the party names on the court list. It is very rare for a trial to be heard in camera.
208 CHAMBERS.COM
Powered by FlippingBook