The Appleby 2012 offshore round-up: civil procedure

Welcome to Appleby’s review of the key decisions on matters of civil procedure and remedies handed down in the leading offshore jurisdictions during 2012, compiled by members of our Litigation & Insolvency Practice Group in Bermuda, the British Virgin Islands, the Cayman Islands, Jersey, Guernsey and the Isle of Man. Equivalent updates are available in the areas of insolvency & restructuring, company law, fund disputes and trust litigation. Copies may be obtained from our website or from your usual Appleby contact.

Across the offshore jurisdictions, 2012 has produced a steady flow of judgments in the sphere of civil procedure. The BVI has delivered an important decision relating to time limits for limitation and service, while the Bermuda Court has been busy on issues of costs as well as delivering its first reported decision on ‘Springboard relief’. Cross-border issues feature strongly, which is not surprising given the international business presence of each jurisdiction. For example, asset-freezing and anti-suit (and anti-anti-suit) injunctions have been particularly topical in the BVI, Bermuda, Cayman and Jersey Courts and the Isle of Man Court has heard a variety of interlocutory applications concerning proceedings in relation to the litigation surrounding Bitel LLC (a Kyrgyz telecommunications company). In respect of the early determination of litigation, there have been some interesting developments in Cayman regarding strike-out and default judgment. We have also seen cases, especially in Guernsey, involving the questions of service out of the jurisdiction and when a stay on the forum non conveniens ground should be granted…

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