BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
• proprietary injunctions and property preserva- tion orders; • restitution and rectification remedies; • declarations and other orders including as to status or transfer of ownership; • valuation orders; • property or share transfer or buyout orders; and • those relating to the management of com- panies and personal or corporate insolvency proceedings or receiverships. 9.2 Rules Regarding Damages Damages are generally compensatory, to meet or compensate for a particular identifiable loss caused by wrongdoing complained of and sub- ject to concepts of mitigation, contributory neg- ligence and remoteness. Exemplary or aggravated damages are only available in limited circumstances. Exemplary damages (beyond compensation for loss suf- fered) tend only to be available for specific torts such as defamation or deceit where there has been deliberate oppression or calculation that the damage caused is lesser than profit gained. They are not generally available in breach of contract, negligence or inadvertent tort claims. Aggravated damages are compensatory and reflect the aggravation of injury to a claimant by the manner or motive for a tort or conduct since its commission. There is no maximum monetary limit. 9.3 Pre-judgment and Post-judgment Interest The court has a discretion to award pre-judg- ment interest at such rate as it considers appro- priate. In considering whether or not to grant interest, and the appropriate rate, the court will consider all the circumstances of the case, for
example, whether the payment of interest was contemplated or contractually agreed. Post-judgment interest is provided for under the Judgments Act at 5% per year from judgment until payment. 9.4 Enforcement Mechanisms of a Domestic Judgment Domestic judgments must be complied with immediately and are enforceable as soon as made: an enforcement order should be applied for in the event of non-compliance by the judg- ment debtor. Modes of enforcement include: • charging orders; • attachment orders; • injunctions; • a judgment summons; • orders for seizure and sale of goods or prop- erty; and • appointment of liquidators or receivers. 9.5 Enforcement of a Judgment From a Foreign Country Certain foreign judgments covered by the Reciprocal Enforcement of Judgments Act are enforceable through simple registration. The judgment has to be for a monetary sum and from one of the specified jurisdictions, which include the UK, Ireland, other countries of the Caribbean, and New South Wales in Australia. Foreign money judgments not covered by the Act are enforced by simple debt claims often determined summarily. Non-money foreign judg- ments can be enforced (where relevant jurisdic- tion exists over the defendant and the claim is one recognised in the BVI) through commence- ment of a mirror claim relying on issue estoppel to preclude further defence. Issues of jurisdic- tion, public policy and natural justice are relevant to the enforcement of a foreign judgment, but
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