Interim relief in support of foreign proceedings is now available by way of statute in the BVI. As previously prefaced, Eastern Caribbean Supreme Court (Virgin Islands) (Amendment) Act, 2020 has been published in the Gazette and passed into law. The Act is in force from 7 January 2021 and does not have retrospective effect.
Parties now have a statutory route to obtain free-standing injunctive relief, appointment of receivers and Norwich Pharmacal disclosure in support of foreign proceedings, whether sought against BVI persons or non-BVI persons. Read our post, Black Swan resurrected, for further insight.
Harneys’ Head of BVI Litigation, Andrew Thorp, commented that “the government of the Virgin Islands and the Attorney General, Honourable Dawn Smith, must be commended for so swiftly drafting and passing this important legislation that will restore clarity and ensure efficacy in cross border asset tracing and recovery efforts.”
If you are seeking to obtain (or resist) stand-alone interim relief, please reach out to your usual contact at Harneys.