As we reported in a client mailshot earlier this week, the Eastern Caribbean Supreme Court has made important amendment to its rules. The amendments are immediately in force and deal with a number of areas including appeal procedure, costs capping and costs orders.
However, probably of greatest importance are the wholesale amendments to the provisions of Part 7 for orders for permission to serve parties out of jurisdiction. The amendments to Part 7 are welcome and should make it easier to obtain orders for permission in a number of different areas. The new provisions include:
- a general power for the court to give permission where an enactment confers jurisdiction on the BVI court. This should cover a significant gap in the previous rules in, for example, claims under the BVI Insolvency Act;
- a much broader power where the subject matter of a claim relates to (a) the constitution, administration, management or conduct of the affairs or (b) the ownership or control, of a BVI company;
- a claim in restitution where the defendant's alleged liability arises out of acts committed in the jurisdiction or out of acts which, wherever committed, were to the detriment of a person domiciled in the BVI;
- an extension of the powers of the court for claims in contract.
To download a copy of the new Rules please click here.