Service out in the BVI: Westburg Anstalt v Profitstar Anstalt and amendments to CPR
As a leading international offshore centre, the majority of the high-value commercial litigation that reaches the British Virgin Islands (BVI) Commercial Court is cross-border in nature.
While it is not uncommon for BVI entities to feature as defendants (so that the ‘necessary or proper’ gateway for service out can be used), often the real target lies beyond the shores of the BVI. Accordingly, a flexible and relevant system of rules for service out of the jurisdiction is of particular concern for court users.
Unfortunately, the Eastern Caribbean Civil Procedure Rules (CPR) have been found wanting, in particular in the context of any attempt to enforce a foreign judgment against BVI assets (in the paradigm case, shares in a BVI company)…
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