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Offshore Cases

Alexey Bobrov -v- Lenta Ltd (February 2012)

February 2012 Procedure

BRITISH VIRGIN ISLANDS

HIGH COURT

PROCEDURE - EFFECT OF NONPAYMENT OF COURT FEES

In the course of considering whether a matter should be transferred from the High Court to the commercial list, the Court held that it had the jurisdiction to stay a claim on its own initiative where it turned out that neither party had been paying the court fees at the rate prescribed by the Commercial Claims (Fees) Order, 2011. The Court justified the stay as necessary to give effect to Section 8 of the Courts of Justice Fees Act (Cap 202) which required that documents ought not to be received, filed used or admissible in evidence if it does not bear the appropriate stamp. The Court found that the Court clearly had the jurisdiction to prevent the further prosecution of proceedings that were, in effect, an abuse of the Courts process until the defaults were cured.

 

To continue reading full articles in PDF format:
Alexey Bobrov -v- Lenta Ltd (February 2012)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Alexey Bobrov -v- Lenta Ltd (February 2012)

01 February 2012

BRITISH VIRGIN ISLANDS

HIGH COURT

PROCEDURE - EFFECT OF NONPAYMENT OF COURT FEES

In the course of considering whether a matter should be transferred from the High Court to the commercial list, the Court held that it had the jurisdiction to stay a claim on its own initiative where it turned out that neither party had been paying the court fees at the rate prescribed by the Commercial Claims (Fees) Order, 2011. The Court justified the stay as necessary to give effect to Section 8 of the Courts of Justice Fees Act (Cap 202) which required that documents ought not to be received, filed used or admissible in evidence if it does not bear the appropriate stamp. The Court found that the Court clearly had the jurisdiction to prevent the further prosecution of proceedings that were, in effect, an abuse of the Courts process until the defaults were cured.

 

To continue reading full articles in PDF format:
Alexey Bobrov -v- Lenta Ltd (February 2012)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com