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Offshore Cases

Star Reefers Pool Inc -v- JFC Group Co Ltd

April 2012 Enforcement of Judgments

BRITISH VIRGIN ISLANDS

HIGH COURT

ENFORCEMENT OF JUDGMENTS - SUBMISSION TO FOREIGN JURISDICTION

This was an Application made without notice to register a money Judgment of the English High Court in the British Virgin Islands. The issue was whether the Applicant could be said to have voluntarily appeared or otherwise submitted or agreed to submit to the jurisdiction of the English Court. If it did not then since the Respondent neither carried on business nor was ordinarily resident in England, Section 3(2)(b) of the Reciprocal Enforcement of Judgments Act, 1922 (Cap 65) would preclude registration.

The Court concluded that the Respondent had submitted to the jurisdiction of the High Court of England by actively participating in post-judgment freezing order proceedings taken by the Applicant. In doing so it applied Paragraph 14-067 of Dicey, Morris & Collins, The Conflicts of Law, 14th Edn., which states that such an intervention would constitute submission. More importantly the Court held that acknowledging service and seeking unsuccessfully to challenge jurisdiction to argue forum could not be seen as submission to the jurisdiction. In so doing the Court declined to follow the decisions in Harris -v- Taylor [1915] 2 KB 580 and Henry -v- Geopresco [1976] 1 QB 726.

 

To continue reading full articles in PDF format:
Star Reefers Pool Inc -v- JFC Group Co Ltd

 

Accolades
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"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
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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

Star Reefers Pool Inc -v- JFC Group Co Ltd

01 April 2012

BRITISH VIRGIN ISLANDS

HIGH COURT

ENFORCEMENT OF JUDGMENTS - SUBMISSION TO FOREIGN JURISDICTION

This was an Application made without notice to register a money Judgment of the English High Court in the British Virgin Islands. The issue was whether the Applicant could be said to have voluntarily appeared or otherwise submitted or agreed to submit to the jurisdiction of the English Court. If it did not then since the Respondent neither carried on business nor was ordinarily resident in England, Section 3(2)(b) of the Reciprocal Enforcement of Judgments Act, 1922 (Cap 65) would preclude registration.

The Court concluded that the Respondent had submitted to the jurisdiction of the High Court of England by actively participating in post-judgment freezing order proceedings taken by the Applicant. In doing so it applied Paragraph 14-067 of Dicey, Morris & Collins, The Conflicts of Law, 14th Edn., which states that such an intervention would constitute submission. More importantly the Court held that acknowledging service and seeking unsuccessfully to challenge jurisdiction to argue forum could not be seen as submission to the jurisdiction. In so doing the Court declined to follow the decisions in Harris -v- Taylor [1915] 2 KB 580 and Henry -v- Geopresco [1976] 1 QB 726.

 

To continue reading full articles in PDF format:
Star Reefers Pool Inc -v- JFC Group Co Ltd

 

 

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