We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
25 April 2019
In Outlook Asset Management LP v Capstone Corporate Limited, the Court of Appeal clarified the procedural considerations required following the strike out of an action pursuant to Civil Procedure Rule (CPR) 26.3.
The respondent successfully applied to the BVI Commercial Court for a strike out pursuant to CPR 26.3(1)(b) on the basis that the pleadings had disclosed no reasonable prospect of success.
Several 'procedural gaffes' on the part of the appellants ensued. Four days after circulation of the draft judgment, the appellants purported to file an amended statement of claim pursuant to CPR 20.1(1). Two days later, Justice Adderley released his judgment striking out the action.
All three of the appellants' procedural grounds of appeal were rejected by the Court of Appeal, which held as follows:
To file an amended statement of claim, the appellants first needed leave from the Commercial Court judge and to have provided it in draft.The alternative would allow a claimant to circumvent a strike-out decision by filing an amended statement of claim pursuant to CPR 20.1(1), rendering the strike-out ruling otiose and frustrating the court's overriding objective.
The Court of Appeal also rejected the appellants' three other substantive grounds of appeal relating to the claim's subject matter.
For further information on this topic please contact Sarah Thompson, Peter Ferrer or Andrew Thorp at Harneys' Tortola office by telephone (+1 284 494 2233) or email (firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). Alternatively, contact Julie Engwirda at Harneys' Hong Kong office by telephone (+852 5806 7800) or email (email@example.com). The Harneys website can be accessed at www.harneys.com.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.