Mr Phillip Kite

Phillip Kite

Lawyer biography

Phillip Kite is Head of the Litigation Department at Harneys and specialises in large scale commercial litigation and contentious insolvency matters. He joined Harneys in 1997 and has been a partner since 2001. Harneys was the first firm in the BVI to have a dedicated litigation department and has by far the largest litigation team in the BVI. Most of Mr. Kite's cases have a cross border element, in particular, cases involving fraud and shareholder disputes. Mr. Kite has acted on one side or the other in many of the largest claims brought before the BVI courts, for example, and most recently, in the successful dismissal of a US$ 2 billion claim against a Russian oil company and prominent Russian individual.

Mr. Kite is a Solicitor Advocate and a member of the Society of Trusts and Estates Practitioners with a particular interest in contentious trust and probate matters.

Mr. Kite has also represented the BVI Bar Association on a number of committees, including a review of the proposed Legal Professions Act, and one which preceded the Insolvency Act 2003. He was also honoured to be appointed by the Governor on a committee which reviewed and reported on the BVI legal system in 2004. Most recently Phillip sits as the Bar Associations' representative on the Insolvency Liaison Committee, which, with the Official Receiver, reviews the operation of the Insolvency Act, and on the committee which advised the Chief Justice on the set up of the rules for the upcoming BVI Commercial Court.

Location: British Virgin Islands

  • University of Birmingham LLB Hons 1989
  • Chester College of Law 1990
  • Admitted in England and Wales 1992
  • Admitted in the British Virgin Islands 1997
  • Admitted in Anguilla 1998
  • Partner since 2001

Updates

Arbitration & ADR

Arbitration Act 2013 now in force
British Virgin Islands | 27 November 2014

The British Virgin Islands Arbitration Act 2013 recently came into force. The act – modelled on the UNCITRAL Model Law on International Commercial Arbitration – provides for the creation of the BVI International Arbitration Centre, as well as containing provisions concerning the construction of arbitration agreements, the composition of arbitration tribunals and the court's role in proceedings.

Company & Commercial

Members Facing Compulsory Redemption of Shares Have 'Residual Rights'
British Virgin Islands | 14 July 2008

A recent case has established the effect of a redemption notice served by a company on one of its members under the British Virgin Islands (BVI) Business Companies Act. The case is of general interest in the context of the compulsory redemption of shares in BVI companies.

Insolvency & Restructuring

Court strikes out passing-off claim in relation to goodwill held outside British Virgin Islands
British Virgin Islands | 11 May 2018

Claims of passing off are rare in the British Virgin Islands and a recent attempt to bring a BVI action in relation to goodwill held outside the jurisdiction has failed. The court examined the law and relevant English authorities on the tort of passing off. It opined that goodwill is governed by territoriality and that in order to succeed, the claimant must prove that it has goodwill in the form of customers in the jurisdiction in which the suit is undertaken.

Fairfield Sentry – new guidance from BVI Court
British Virgin Islands | 01 April 2016

The Fairfield Sentry saga continued recently with a new BVI judgment concerning the status of the related US Bankruptcy Court proceedings. The applicants were former registered shareholders of the Fairfield Sentry and Fairfield Lambda BVI feeder funds which had redeemed their shares before Bernard Madoff's fraud was exposed. They sought to prevent the liquidators of the funds from recovering their redemption payments in the US proceedings.

BVI insolvency law in 60 seconds
British Virgin Islands | 06 November 2015

Insolvency law in the British Virgin Islands is almost entirely codified in the Insolvency Act and supplemented by the Insolvency Rule. The Insolvency Act was modelled largely on the UK Insolvency Act, but with a number of key differences. This update summarises its features, including provisions for insolvency, liquidation, priority, set-off, challengeable transactions, misfeasance and receiverships.

Court hands down key judgment on hedge fund insolvencies
British Virgin Islands | 05 April 2013

A recent court of appeal decision provided an important ruling on the question of where investors stand in the 'waterfall' of distributions in the liquidation of investment funds under BVI law. The court affirmed the widely held industry view that debts owed to former members for redemption proceeds confer on them deferred creditor status. The decision brings certainty and will be welcomed by investors and insolvency practitioners.

Statutory Demands and BVI Insolvency Act
British Virgin Islands | 21 August 2009

In a recent case the High Court took the view that because of a particular definition in the Insolvency Act, a company which had not applied to set aside a statutory demand within 14 days of service was precluded from making submissions about the validity of the demand at a subsequent application to appoint a liquidator. This had the practical effect of limiting the defences available to a company at the trial stage.

Important Trend in Insolvency Case Law
British Virgin Islands | 22 September 2006

One of the aims of the British Virgin Islands (BVI) Insolvency Act is to bring certainty to the insolvency regime in the BVI, including time limits for compulsory winding-up procedures. Two recent High Court cases have shown a trend towards a strict interpretation of the time limits under the act, even where this means that a BVI company will be subject to a liquidation order.

BVI Insolvency Act Update
British Virgin Islands | 07 July 2006

Since its enactment in 2003, the Insolvency Act has made significant and positive changes to insolvency law in the British Virgin Islands (BVI). This update reviews how some of the more important changes have been interpreted to date and gives some thoughts on how the act might enable a BVI company to circumvent some of the provisions of the UK Enterprise Act.

Litigation

Reverse engineering: Court of Appeal in rare reversal of findings of fact
British Virgin Islands | 04 December 2018

The BVI Court of Appeal recently considered the scope of its jurisdiction to interfere with findings of fact made at first instance. This is the second time in 2018 that the court has addressed this issue. While the threshold for intervention is high, the court will intervene on appropriate occasions. The thoroughness of the evaluation of evidence and the credibility of the judge's conclusions at first instance are likely to be pivotal to that determination.

Revisiting costs awards – BVI Court of Appeal varies costs order based on US appeal decision
British Virgin Islands | 18 September 2018

In Fairfield Sentry Limited (In Liquidation) v Farnum Place LLC the BVI Court of Appeal varied a costs order based on a material change of circumstances – namely, a decision of the US Court of Appeals for the Second Circuit. The BVI court held that the US decision was a "material change of circumstances" which allowed it to vary the costs order by disallowing the costs of Farnum's expert.

Court reaffirms high threshold for case management stays
Cayman Islands | 29 May 2018

In a recent case, a petition to wind up a company was issued by its majority shareholder. The minority shareholder – a Samoan entity – issued an application to stay the petition on the basis that there were related proceedings in Samoa, and argued that Samoa was the proper forum in which to argue these matters. The court refused to grant the stay, finding that the high burden imposed in stay applications of this type had not been met.

Guidelines adopted for communication and cooperation between courts
British Virgin Islands | 04 July 2017

The British Virgin Islands recently adopted new guidelines for communication and cooperation between courts in cross-border insolvency matters. The guidelines are designed primarily to enhance communication between courts, insolvency representatives and other parties in the context of global restructurings and insolvency. As a result of the increased efficiency, it is hoped that stakeholders will see a reduction in delays and costs.

Commercial Court appoints three new judges
British Virgin Islands | 24 January 2017

There have recently been three judicial appointments to the Commercial Court designed to increase the capacity of the court in 2017. The appointments should provide further momentum and expertise to the BVI Commercial Division and enhance the court's ability to deal with complex cases promptly and effectively.

Costs clarity: Commercial Court finds foreign lawyers' costs generally recoverable
British Virgin Islands | 30 August 2016

The BVI Commercial Court recently handed down new guidance which clarifies its position on the recoverability of foreign lawyers' costs and underlines its clear intent to accommodate and provide practical solutions for international litigation in the British Virgin Islands.

At what costs? Ruling raises questions about BVI Legal Profession Act
British Virgin Islands | 28 June 2016

The Court of Appeal was recently asked to adjudicate on the costs of a foreign firm that had assisted BVI practitioners in an application for security for costs. The respondents objected to these costs being recovered, on the basis that the firm's lawyers were not licensed to practise BVI law under the Legal Profession Act. The court agreed. However, in seeking to settle the law in this area, the decision has opened up further questions.

Derivatives, double derivatives and unfair prejudice
British Virgin Islands | 07 May 2013

The BVI courts have recently handed down two decisions regarding the Business Companies Act. The first case concerned Microsoft's ability to bring a double derivative action in the Delaware Court of Chancery in the name of a BVI company. The second case involved the introduction of an unauthorised derivative claim into a personal claim by a shareholder. Both judgments provide greater clarity.

Litigation update: free-standing relief under Black Swan orders
British Virgin Islands | 27 March 2012

Before 2010, freezing injunctions in the British Virgin Islands were available only ancillary to a substantive domestic cause of action against the respondent. Black Swan Investment ISA v Harvest View Limited overturned this restrictive approach, holding that the court could grant a stand-alone freezing injunction in support of foreign proceedings where the respondent was within the BVI court's in personam jurisdiction.

Case law update
British Virgin Islands | 22 November 2011

The BVI Commercial Court recently handed down judgment in the claim brought by the liquidators of a BVI fund which invested in Bernard Madoff's investment vehicle. In other recent cases, the Commercial Court ruled on the discounted valuation of shares following a Section 176 forced redemption, clarified the conditions for a company's restoration following dissolution and restated the rules on when a foreign judgment creates an issue estoppel.

Recent Commercial Court cases
British Virgin Islands | 13 July 2010

The BVI Commercial Court recently concluded its trial in the long-running Alfa Telecom v Cukurova litigation. In other recent cases, it provided clarity on the ability of an office holder to recover fees before an order placing the company into provisional or full liquidation, and took the opportunity to restate the principles relevant to Norwich Pharmacal orders.

Recent case law and court changes
British Virgin Islands | 04 May 2010

New Commercial Court rules now apply in the British Virgin Islands, dealing with a number of procedural points. In addition, there continue to be numerous issues surrounding the creditor/investor debate in fund litigation. Further, in a recent case the BVI High Court held that it was within its discretion to grant a standalone freezing injunction in support of foreign proceedings.

Recent Commercial Court and Court of Appeal Rulings
British Virgin Islands | 08 December 2009

The Commercial Court has ruled that where a BVI court recognizes that a dispute exists over the construction of an agreement which is subject to the exclusive jurisdiction of another court, it should defer to the exclusive jurisdiction clause and decline to rule on the merits. Other recent cases have highlighted differences between the BVI and UK insolvency regimes and clarified the granting and appealing of injunctions.

Opening of New Specialized Commercial Court
British Virgin Islands | 07 July 2009

The British Virgin Islands has opened a new Commercial Court which will specialize in cross-border commercial and insolvency matters. In two ceremonies in early May 2009, the government formally opened the court and signed a memorandum of understanding with the Eastern Caribbean Supreme Court for its operation and administration.

Private Client & Offshore Services

Reverse engineering: Court of Appeal in rare reversal of findings of fact
British Virgin Islands | 29 November 2018

The BVI Court of Appeal recently considered the scope of its jurisdiction to interfere with findings of fact made at first instance. This is the second time in 2018 that the court has addressed this issue. While the threshold for intervention is high, the court will intervene on appropriate occasions. The thoroughness of the evaluation of evidence and the credibility of the judge's conclusions at first instance are likely to be pivotal to that determination.

Revisiting costs awards – BVI Court of Appeal varies costs order based on US appeal decision
British Virgin Islands | 20 September 2018

In Fairfield Sentry Limited (In Liquidation) v Farnum Place LLC the BVI Court of Appeal varied a costs order based on a material change of circumstances – namely, a decision of the US Court of Appeals for the Second Circuit. The BVI court held that the US decision was a "material change of circumstances" which allowed it to vary the costs award by disallowing the costs of Farnum's expert.

Court reaffirms high threshold for case management stays
Cayman Islands | 24 May 2018

In a recent case, a petition to wind up a company was issued by its majority shareholder. The minority shareholder – a Samoan entity – issued an application to stay the petition on the basis that there were related proceedings in Samoa and held that Samoa was the proper forum in which to argue these matters. The court refused to grant the stay, finding that the high burden imposed in stay applications of this type had not been met.

Court strikes out passing-off claim in relation to goodwill held outside British Virgin Islands
British Virgin Islands | 17 May 2018

Claims of passing off are rare in the British Virgin Islands and a recent attempt to bring a BVI action in relation to goodwill held outside the jurisdiction has failed. The court examined the law and relevant English authorities on the tort of passing off. It opined that goodwill is governed by territoriality and that in order to succeed, the claimant must prove that it has goodwill in the form of customers in the jurisdiction in which the suit is undertaken.

Guidelines adopted for communication and cooperation between courts
British Virgin Islands | 29 June 2017

The British Virgin Islands recently adopted new guidelines for communication and cooperation between courts in cross-border insolvency matters. The guidelines are designed primarily to enhance communication between courts, insolvency representatives and other parties in the context of global restructurings and insolvency. As a result of the increased efficiency, it is hoped that stakeholders will see a reduction in delays and costs.

Commercial Court appoints three new judges
British Virgin Islands | 26 January 2017

There have recently been three judicial appointments to the Commercial Court designed to increase the capacity of the court in 2017. The appointments should provide further momentum and expertise to the BVI Commercial Division and enhance the court's ability to deal with complex cases promptly and effectively.

Costs clarity: Commercial Court finds foreign lawyers' costs generally recoverable
British Virgin Islands | 01 September 2016

The BVI Commercial Court recently handed down new guidance which clarifies its position on the recoverability of foreign lawyers' costs and underlines its clear intent to accommodate and provide practical solutions for international litigation in the British Virgin Islands. The decision will give considerable comfort to those already engaged in matters before the court and to those advising on launching proceedings in the British Virgin Islands.

At what costs? Ruling raises questions about BVI Legal Profession Act
British Virgin Islands | 23 June 2016

The Court of Appeal was recently asked to adjudicate on the costs of a foreign firm that had assisted BVI practitioners in an application for security for costs. The respondents objected to these costs being recovered, on the basis that the firm's lawyers were not licensed to practise BVI law under the Legal Profession Act. The court agreed. However, in seeking to settle the law in this area, the decision has opened up further questions.

Fairfield Sentry – new guidance from BVI Court
British Virgin Islands | 31 March 2016

The Fairfield Sentry saga continued recently with a new BVI judgment concerning the status of the related US Bankruptcy Court proceedings. The applicants were former registered shareholders of the Fairfield Sentry and Fairfield Lambda BVI feeder funds which had redeemed their shares before Bernard Madoff's fraud was exposed. They sought to prevent the liquidators of the funds from recovering their redemption payments in the US proceedings.

BVI insolvency law in 60 seconds
British Virgin Islands | 05 November 2015

Insolvency law in the British Virgin Islands is almost entirely codified in the Insolvency Act and supplemented by the Insolvency Rule. The Insolvency Act was modelled largely on the UK Insolvency Act, but with a number of key differences. This update summarises its features, including provisions for insolvency, liquidation, priority, set-off, challengeable transactions, misfeasance and receiverships.

Arbitration Act 2013 now in force
British Virgin Islands | 27 November 2014

The British Virgin Islands Arbitration Act 2013 recently came into force. The act – modelled on the UNCITRAL Model Law on International Commercial Arbitration – provides for the creation of the BVI International Arbitration Centre, as well as containing provisions concerning the construction of arbitration agreements, the composition of arbitration tribunals and the court's role in proceedings.

Commercial Court rules on third-party costs and freezing relief
British Virgin Islands | 27 June 2013

Recent cases out of the BVI Commercial Court deal with issues including third-party costs and the applicability of Black Swan freezing relief in support of foreign derivative claims. The former has now become an authority for the proposition that a non-party cannot be liable for costs in proceedings where it has not been joined and which were not being conducted with its approval or for its benefit.

Derivatives, double derivatives and unfair prejudice
British Virgin Islands | 09 May 2013

The BVI courts have recently handed down two decisions regarding the Business Companies Act. The first case concerned Microsoft's ability to bring a double derivative action in the Delaware Court of Chancery in the name of a BVI company. The second case involved the introduction of an unauthorised derivative claim into a personal claim by a shareholder. Both judgments provide greater clarity.

Court hands down key judgment on hedge fund insolvencies
British Virgin Islands | 04 April 2013

A recent appeal court decision provided an important ruling on the question of where investors stand in the 'waterfall' of distributions in the liquidation of investment funds under BVI law. The court affirmed the widely held industry view that debts owed to former members for redemption proceeds confer on them deferred creditor status. The decision brings certainty and will be welcomed by investors and insolvency practitioners.

Derivatives, double derivatives and unfair prejudice
British Virgin Islands | 07 February 2013

In two recent cases the courts have considered the application of the Business Companies Act. In the first, Microsoft made an application for leave under Section 184C to bring a derivative claim in the Delaware Court of Chancery in the name of a BVI company; while in the second, the BVI High Court Commercial Division considered the issue of the interaction of Sections 184C and 184I of the act.

Madoff feeder fund in major court reversal
British Virgin Islands | 06 September 2012

In a series of decisions before the BVI Commercial Court and Eastern Caribbean Court of Appeal, the liquidators of Fairfield have suffered significant reversals in the claims against investors. The decisions are important for a number of reasons, including the staggering value of the claims.

Litigation update: free-standing relief under Black Swan orders
British Virgin Islands | 22 March 2012

Before 2010, freezing injunctions in the British Virgin Islands were available only ancillary to a substantive domestic cause of action against the respondent. Black Swan Investment ISA v Harvest View Limited overturned this restrictive approach, holding that the court could grant a stand-alone freezing injunction in support of foreign proceedings where the respondent was within the BVI court's in personam jurisdiction.

Case law update
British Virgin Islands | 24 November 2011

The BVI Commercial Court recently handed down judgment in the claim brought by the liquidators of a BVI fund which invested in Bernard Madoff's investment vehicle. In other recent cases, the Commercial Court ruled on the discounted valuation of shares following a Section 176 forced redemption, clarified the conditions for a company's restoration following dissolution and restated the rules on when a foreign judgment creates an issue estoppel.

Recent Commercial Court cases
British Virgin Islands | 08 July 2010

The BVI Commercial Court recently concluded its trial in the long-running Alfa Telecom v Cukurova litigation. In other recent cases, it provided clarity on the ability of an office holder to recover fees before an order placing the company into provisional or full liquidation, and took the opportunity to restate the principles relevant to Norwich Pharmacal orders.

Recent case law and court changes
British Virgin Islands | 29 April 2010

New Commercial Court rules now apply in the British Virgin Islands, dealing with a number of procedural points. In addition, there continue to be numerous issues surrounding the creditor/investor debate in fund litigation. Furthermore, in a recent case the BVI High Court held that it was within its discretion to grant a standalone freezing injunction in support of foreign proceedings.

Recent Commercial Court and Court of Appeal Rulings
British Virgin Islands | 03 December 2009

The Commercial Court has ruled that where a BVI court recognizes that a dispute exists over the construction of an agreement which is subject to the exclusive jurisdiction of another court, it should defer to the exclusive jurisdiction clause and decline to rule on the merits. Other recent cases have highlighted differences between the BVI and UK insolvency regimes and clarified the granting and appealing of injunctions.

Statutory Demands and BVI Insolvency Act
British Virgin Islands | 20 August 2009

In a recent case the High Court took the view that because of a particular definition in the Insolvency Act, a company which had not applied to set aside a statutory demand within 14 days of service was precluded from making submissions about the validity of the demand at a subsequent application to appoint a liquidator. This had the practical effect of limiting the defences available to a company at the trial stage.

Opening of New Specialized Commercial Court
British Virgin Islands | 02 July 2009

The British Virgin Islands has opened a new Commercial Court which will specialize in cross-border commercial and insolvency matters. In two ceremonies in early May 2009 the government formally opened the court and signed a memorandum of understanding with the Eastern Caribbean Supreme Court for its operation and administration.

Implications of Madoff Fallout
International | 21 May 2009

Many offshore funds have lost large sums of money in the Madoff scandal and face further issues from the liquidation of Bernard L Madoff Investment Securities. Directors have much to consider, including whether the fund which they thought was healthy may now be insolvent and potential derivative actions and misselling claims.

Members Facing Compulsory Redemption of Shares Have 'Residual Rights'
British Virgin Islands | 10 July 2008

A recent case has established the effect of a redemption notice served by a company on one of its members under the British Virgin Islands (BVI) Business Companies Act. The case is of general interest in the context of the compulsory redemption of shares in BVI companies.

Advantages of Carrying Out Financing Transactions in the BVI
British Virgin Islands | 17 May 2007

Carrying out financing transactions in the British Virgin Islands (BVI) has several commercial and legal advantages. This update reviews why BVI companies have become such popular vehicles for financing transactions of all kinds.

Claim Stayed on Grounds of Forum non Conveniens
British Virgin Islands | 03 May 2007

The High Court of the British Virgin Islands (BVI) has recently considered the issue of whether it was appropriate to stay a claim for rectification of the share register of the defendant BVI company on the grounds of forum non conveniens. Having regard to the ability of the claimant to obtain substantial justice in another jurisdiction, the court granted a stay.

Increase in Use of Court-Approved Arrangements
British Virgin Islands | 08 February 2007

There has been an increase in the use of court-approved arrangements under Section 82 of the International Business Companies Act. This stems in part from an increasing awareness of the potential benefits of such an application, including the ability to bring about outcomes not otherwise available under the statute, the speed of the process, and the final and binding nature of court orders.

Important Trend in Insolvency Case Law
British Virgin Islands | 21 September 2006

One of the aims of the British Virgin Islands (BVI) Insolvency Act is to bring certainty to the insolvency regime in the BVI, including time limits for compulsory winding-up procedures. Two recent High Court cases have shown a trend towards a strict interpretation of the time limits under the act, even where this means that a BVI company will be subject to a liquidation order.

BVI Insolvency Act Update
British Virgin Islands | 06 July 2006

Since its enactment in 2003, the Insolvency Act has made significant and positive changes to insolvency law in the British Virgin Islands (BVI). This update reviews how some of the more important changes have been interpreted to date and gives some thoughts on how the act might enable a BVI company to circumvent some of the provisions of the UK Enterprise Act.

Shareholder Remedies in the British Virgin Islands
British Virgin Islands | 25 May 2006

Recent amendments to the BVI Business Companies Act have increased the range of potential remedies available to shareholders of BVI companies. These new provisions reflect the general worldwide movement towards increased accountability to shareholders for actions taken at board level. This update reviews the main changes and their implications for both shareholders and companies.

New Statutory Remedies for Shareholders in BVI Companies
British Virgin Islands | 16 March 2006

The enactment of the BVI Business Companies (Amendment) Act 2005 provides both minority shareholders and joint venture partners with important remedies under BVI law. The provisions apply to all companies incorporated under the act and all previously registered companies will be deemed to be automatically re-registered under the act as of January 1 2007.

Court Rules on Double Actionability of Equitable Claims
British Virgin Islands | 19 January 2006

The British Virgin Islands (BVI) Court has recently confirmed the common law position that equitable claims brought in the BVI must be civilly actionable under the law governing the cause of action. In doing so, the court granted one of the largest ever orders for summary judgment, dismissing a claim alleged to be worth over $2 billion.

High Court Gives Guidance on Service out of Jurisdiction
British Virgin Islands | 13 October 2005

The High Court of the British Virgin Islands (BVI) recently examined the rules on stay applications in breach of contract claims and/or breach of fiduciary duty claims arising out of a contract. The court also gave some useful guidance on the differences between BVI and English rules on service out of jurisdiction.

Court Rules on Justiciability of Foreign Court Corruption Allegations
British Virgin Islands | 14 July 2005

In a far-reaching decision the Court of Appeal has upheld an earlier inconvenient forum decision by Justice Rawlins. The court held that allegations that a particular judicial system was endemically corrupt and biased in favour of particular entities were non-justiciable.

New Approach to Appeals to Privy Council
British Virgin Islands | 21 April 2005

In some recent decisions the Court of Appeal seems to have adopted a more restrictive line on applications for leave to appeal to the Privy Council. Until recently the court tended to interpret the main provision of the Virgin Islands (Appeals to the Privy Council) Order on leave to appeal in commercial disputes liberally, but this seems to be changing.

Insolvency Act Comes into Force
British Virgin Islands | 19 August 2004

The Insolvency Act, which came into force on August 16 2004, introduces sweeping changes to British Virgin Islands insolvency law and practice which are deliberately creditor friendly. Local law and accountancy firms are satisfied that the jurisdiction has been given a significant boost by the new statute.

Court Approval for Complex Corporate Transactions
British Virgin Islands | 15 July 2004

Under the International Business Companies Act, companies can seek court approval in complex corporate transactions in order to obtain an exemption of exchanged securities from registration under the US Securities Act. Such transactions include reorganizations, mergers, consolidations, separations and combinations of such matters.

Judge Rules on Appropriate Forum Case
British Virgin Islands | 29 April 2004

A recent case raised the question of who bears the burden of allegations that the claimant is unable to obtain justice in the jurisdictional court. Although the two-stage procedure for such applications is well established, various authorities were referenced before the judge ruled that the claimant bore the burden of proving allegations it had made at stage two of the test.

BVI Courts Assist in Resolution of Foreign Proceedings
British Virgin Islands | 02 October 2003

The BVI courts have developed important new case law to assist foreign proceedings. The Civil Procedure Rules introduced a new power for the High Court to grant ancillary relief in relation to anticipated or existing foreign proceedings. While the court initially granted disclosure orders, the use of this provision has recently been extended to the grant of injunctive relief.