Beautiful Virgin Islands

Monday, Aug 04, 2025

VI Gov’t praised for ‘swiftly’ passing ECSC Amendment Act 2020

VI Gov’t praised for ‘swiftly’ passing ECSC Amendment Act 2020

The Government of the Virgin Islands, led by Premier and Minister of Finance, Hon Andrew A. Fahie, has been praised for swiftly drafting and passing the Eastern Caribbean Supreme Court (Virgin Islands) (Amendment) Act, 2020.

The Act came into force from January 7, 2021, and does not have retrospective effect.

VI Gov’t & AG ‘must be commended’- Harneys


According to law firm Harneys, interim relief in support of foreign proceedings is now available by way of statute in the VI, thanks to the Act.

“Parties now have a statutory route to obtain free-standing injunctive relief, appointment of receivers and Norwich Pharmacal disclosure in support of foreign proceedings, whether sought against BVI persons or non-BVI persons. Read our post, Black Swan resurrected, for further insight, Harneys stated in a press release on January 8, 2021.

Harneys’ Head of BVI Litigation, Andrew Thorp, commented: “the government of the Virgin Islands and the Attorney General, Honourable Dawn Smith, must be commended for so swiftly drafting and passing this important legislation that will restore clarity and ensure efficacy in cross border asset tracing and recovery efforts.”


Harneys’ Head of BVI Litigation, Andrew Thorp, said the government of the Virgin Islands and the Attorney General, Honourable Dawn J. Smith, must be commended for so swiftly drafting and passing this important legislation. P

Amendments


The Eastern Caribbean Supreme Court (Virgin Islands) (Amendment) Act, inserts a new section 24A into the Eastern Caribbean Supreme Court (Virgin Islands) Act. It provides a statutory jurisdiction to grant interim relief where proceedings have been or are about to be commenced in a foreign jurisdiction, and allows the court to grant any relief which may be granted in relation to matters within the VI Court’s jurisdiction (including freezing injunctions and receivership appointments). It expressly gives the Court power to grant relief against non-cause of action (or “Chabra”) defendants.

The Act, Harneys noted, also confirms the VI Court’s common law jurisdiction to make disclosure orders (e.g. Norwich Pharmacal/Bankers Trust orders) in support of actual or contemplated foreign proceedings, even where a letter of request might also be available to the applicant as an alternative.

"This confirms that the BVI Court will not be bound by the English decision in Ramilos Trading Limited v Buyanovsky EWHC 3175 (Comm). Although several decisions of the BVI Court had already confirmed that it would not follow Ramilos Trading, this legislative amendment adds further certainty in this important area."


According to Harneys, the speed in which the legislation was drafted, approved and enacted in response to the Convoy Collateral decision is a testament to its importance.

Act 'finally' remedies 'lacuna' in VI legislation


Harneys noted that the Act finally remedies a lacuna in the VI’s legislation, which did not previously provide for the Courts to grant interim remedies in support of proceedings on foot outside the VI.

That lacuna had been filled by the so-called Black Swan jurisdiction, named after the case in which Justice Bannister applied the dissenting judgment of Lord Nicholls in Mercedes Benz AG v Leiduck 1 AC 284, and ruled that the VI Court was not bound by the majority decision in that case.

However, in its May 2020 decision in Broad Idea International Limited v Convoy Collateral Limited No 2 (BVICMAP 2019/0026), the Eastern Caribbean Court of Appeal held (overturning Black Swan) that the VI Court was bound by the majority decision in Mercedes Benz; as a result, it found that there was no common law jurisdiction to grant a free-standing freezing injunction against a respondent which was not a party to substantive proceedings in the VI.

“The Court of Appeal remarked that whilst this was an undesirable outcome for the BVI as an international financial lcentre, the lacuna would need to be remedied by legislation, not by the courts,” the law firm stated.


Interim relief in support of foreign proceedings is now available by way of statute in the Virgin Islands, thanks to the Eastern Caribbean Supreme Court (Virgin Islands) (Amendment) Act, 2020.

‘A welcome reform’


Harneys said the speed in which this legislation has been drafted, approved and enacted in response to the Convoy Collateral decision is a testament to its importance.

“It is a welcome reform which will ensure that the BVI Courts remain able to grant effective relief in support of foreign proceedings in an increasingly globalised economy.”

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Pilots Call for Mental Health Support Without Stigma
All Five Trapped Miners Found Dead After El Teniente Mine Collapse
Ong Beng Seng Pleads Guilty in Corruption Case Linked to Former Singapore Transport Minister
BP’s Largest Oil and Gas Find in 25 Years Uncovered Offshore Brazil
Italy Fines Shein One Million Euros for Misleading Sustainability Claims
JPMorgan and Coinbase Unveil Partnership to Let Chase Cardholders Buy Crypto Directly
Declassified Annex Links Soros‑Affiliated Officials and Clinton Campaign to ‘Russiagate’ Narrative
UK's Online Safety Law: A Front for Censorship
Nationwide Protests Erupt in Brazil Demanding Presidential Resignation
Parents Abandon Child at Barcelona Airport Over Passport Issue
Mystery Surrounds Death of Brazilian Woman with iPhones Glued to Her Body
Bus Driver Discovers Toddler Hidden in Suitcase in New Zealand
Switzerland Celebrates 734 Years of Independence Amid Global Changes
U.S. Opens Official Investigation into Former Trump Prosecutor Jack Smith
Leaked audio of Canada's new PM Mark Carney admitting the truth about the Net Zero agenda: "We're gonna make a lot of money off of this."
China Enforces Comprehensive Ban on Cryptocurrency Activities
Absolutely 100% Realistic EVO Series Doll by EXDOLL (Chinese Company) used mainly for carnal purposes
World Economic Forum founder Klaus Schwab: "In this new world, we must accept... total transparency. You have to get used to it. You have to behave accordingly. But if you have nothing to hide, you shouldn't be afraid."
Meet Mufti Hamid Patel, head of Office for Standards in Education in Pakistan
George Soros tells the World Economic Forum: "President Trump is a con man and the ultimate narcissist, who wants the world to revolve around him."
Hamas are STARVING the hostages.
Decline in Tourism in Majorca Amidst Ongoing Anti-Tourism Protests
British Tourist Dies Following Hair Transplant in Turkey, Police Investigate
Poland Begins Excavation at Dziemiany After New Clue to World War II‑Era Nazi Treasure
WhatsApp Users Targeted in New Scam Involving Account Takeovers
Trump Threatens Canada with Tariffs Over Palestinian State Recognition
Trump Deploys Nuclear Submarines After Threats from Former Russian President Medvedev
Trump Sues Murdoch in “Heavyweight Bout”: Lawsuit Over Alleged Epstein Letter Sets Stage for Courtroom Showdown
Germany Enters Fiscal Crisis as Cabinet Approves €174 Billion in New Debt
Trump Administration Finalizes Broad Tariff Increases on Global Trade Partners
J.K. Rowling Limits Public Engagements Citing Safety Fears
JD.com Launches €2.2 Billion Bid for German Electronics Retailer Ceconomy
Azerbaijan Proceeds with Plan to Legalise Casinos on Artificial Islands
Former Judge Charged After Drunk Driving Crash Kills Comedian in Brazil
Jeff Bezos hasn’t paid a dollar in taxes for decades. He makes billions and pays $0 in taxes, LEGALLY
China Increases Use of Exit Bans Amid Rising U.S. Tensions
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
Procter & Gamble to Raise U.S. Prices to Offset One‑Billion‑Dollar Tariff Cost
House Republicans Move to Defund OECD Over Global Tax Dispute
Botswana Seeks Controlling Stake in De Beers as Anglo American Prepares Exit
Trump Administration Proposes Repeal of Obama‑Era Endangerment Finding, Dismantling Regulatory Basis for CO₂ Emissions Limits
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
A family has been arrested in the UK for displaying the British flag
Mel Gibson refuses to work with Robert De Niro, saying, "Keep that woke clown away from me."
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
ChatGPT CEO Sam Altman says people share personal info with ChatGPT but don’t know chats can be used as court evidence in legal cases.
The British propaganda channel BBC News lies again.
Deputy attorney general's second day of meeting with Ghislaine Maxwell has concluded
Controversial March in Switzerland Features Men Dressed in Nazi Uniforms
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
×