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VTB Capital PLC -v- Nutritek International Corp et al Claim No. BVIHC (Com) 103 of 2011

October 2013 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

PROCEEDINGS TO SUBSTANTIVE CLAIM -PROCEDURE – APPLICATION OF FORUM PRINCIPLES

The longstanding Nutritek litigation came before the BVI Commercial Court on the application of the principal Respondent to discharge freezing order relief granted in aid of substantive proceedings commenced in England. The English proceedings had been the subject of a jurisdictional challenge – the Respondent having asserted that service out of the jurisdiction ought not to have been ordered against him. That battle went to the Court of Appeal (the Claimant having lost at first instance) and, thereafter, to the Supreme Court. The Claimant lost at all three levels of the English Court system; the Supreme Court delivered an interesting decision dealing with issues such as corporate personality (see VTB Capital plc -v- Nutritek International Corp and others [2012] EWCA Civ 808).

 

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VTB Capital PLC -v- Nutritek International Corp et al Claim No. BVIHC (Com) 103 of 2011

 

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