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Halliwell Assets Inc et al -v- Hornbean Corporation Claim No. BVIHCMAP 2014/0017 (October 2015)

October 2015 Costs

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - EX PARTE HEARING - COURT’S COSTS JURISDICTION - CIVIL PROCEDURE RULES - SERVICE OUT OF JURISDICTION OF NON-PARTY COSTS APPLICATION - WHETHER JUDGE ERRED IN DISMISSING APPLICATION TO SERVE PARTY OUT OF THE JURISDICTION - RULE 7.3 OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 - RULE 7.14 OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 - SECTION 11 OF THE EASTERN CARIBBEAN SUPREME COURT (TERRITORY OF THE VIRGIN ISLANDS) ACT

The Appellants were granted costs orders against the Respondent, Hornbeam Corporation and by notice of application sought a third party costs Order against Mr. Shulman. Mr. Schulman was not a party to the Claim and is a foreigner. This Appeal is against the decision of the Learned Judge below to grant permission to serve the application notice out of the jurisdiction on Re Shulman. The Court of Appeal held that although Rule 7.3(10) (on service of a claim where jurisdiction was provided for by an enactment) did not apply to an application for third party costs, it was fairly arguable that Rule 7.14 could provide the Court with the requisite jurisdiction to serve the application out of the jurisdiction if Mr. Schulman could be successfully joined to it and the Claim would qualify for service out of the jurisdiction.

 

To continue reading full articles in PDF format:
Halliwell Assets Inc et al -v- Hornbean Corporation Claim No. BVIHCMAP 2014/0017 (October 2015)

 

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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

Halliwell Assets Inc et al -v- Hornbean Corporation Claim No. BVIHCMAP 2014/0017 (October 2015)

20 October 2015

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - EX PARTE HEARING - COURT’S COSTS JURISDICTION - CIVIL PROCEDURE RULES - SERVICE OUT OF JURISDICTION OF NON-PARTY COSTS APPLICATION - WHETHER JUDGE ERRED IN DISMISSING APPLICATION TO SERVE PARTY OUT OF THE JURISDICTION - RULE 7.3 OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 - RULE 7.14 OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 - SECTION 11 OF THE EASTERN CARIBBEAN SUPREME COURT (TERRITORY OF THE VIRGIN ISLANDS) ACT

The Appellants were granted costs orders against the Respondent, Hornbeam Corporation and by notice of application sought a third party costs Order against Mr. Shulman. Mr. Schulman was not a party to the Claim and is a foreigner. This Appeal is against the decision of the Learned Judge below to grant permission to serve the application notice out of the jurisdiction on Re Shulman. The Court of Appeal held that although Rule 7.3(10) (on service of a claim where jurisdiction was provided for by an enactment) did not apply to an application for third party costs, it was fairly arguable that Rule 7.14 could provide the Court with the requisite jurisdiction to serve the application out of the jurisdiction if Mr. Schulman could be successfully joined to it and the Claim would qualify for service out of the jurisdiction.

 

To continue reading full articles in PDF format:
Halliwell Assets Inc et al -v- Hornbean Corporation Claim No. BVIHCMAP 2014/0017 (October 2015)

 

 

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