Mobile Menu
Offshore Cases

Westburg Anstalt -v- Profitstar Anstalt Claim No. BVIHCMAP 2013/0020

January 2014 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – ENFORCEMENT OF FINAL AND CONCLUSIVE FOREIGN MONETARY JUDGMENT WITHIN JURISDICTION – SERVICE OF CLAIM FORM OUT OF THE JURISDICTION FOR THAT PURPOSE – PERMISSION TO SERVE OUT REFUSED BY LEARNED JUDGE – RULE 7.3(5) OF THE CIVIL PROCEDURE RULES 2000 (AS AMENDED) – RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT, CAP 65 – WHETHER LEARNED JUDGE ERRED IN CONSTRUING CPR 7.3(5)(B) – WHETHER PURPOSIVE CONSTRUCTION SHOULD HAVE BEEN APPLIED TO CPR 7.3(5)(B)

The Claim was for the enforcement in the BVI of a final and conclusive monetary Judgment of the Supreme Court of Lichtenstein. The trial judge had found that the Court had no power under Civil Procedure Rule (“CPR”) 7.3(5) to allow service out of the jurisdiction of a claim form where the claim was to enforce a judgment made by a foreign court or tribunal, which had not been registered in the High Court pursuant to Part 72 of CPR 2000.

 

To continue reading full articles in PDF format:
Westburg Anstalt -v- Profitstar Anstalt Claim No. BVIHCMAP 2013/0020

 

Accolades
_

"I enjoy working with them - they are very dependable, reliable and responsive."
- Chambers Global