In an application to wind up a BVI company the BVI Court re-stated the rules on when a foreign judgment creates an issue estoppel. Following The Sennar [1985] 1 WLR 490 the Court found that there would be an estoppel where a foreign judgment is (1) of a court of competent jurisdiction; (2) is final and conclusive; and (3) on the merits. Importantly the Court found that the foreign judgment was final despite a challenge to it by third parties in another Court and a potential dispute as to the amount of the creditor’s claim in a foreign liquidation of the debtor, as the Court found that these factors would not themselves affect the judgment.