Legal And Court Systems In The British Virgin Islands.

This guide to the legal and court systems in the British Virgin Islands covers:

1. THE LAW
2. THE COURT SYSTEM
3. OVERVIEW OF COURT PROCEDURE
4. ASSISTANCE TO FOREIGN COURTS
5. ACCESS TO COURT FILES
6. LITIGATION FUNDING
7. DISCLOSURE/DISCOVERY OF DOCUMENTS
8. ALTERNATIVE DISPUTE RESOLUTION (ADR)

THE LAW

Certain statutes in the BVI provide that English common law and principles of equity apply in the BVI. Section 72 of the Common Law (Declaration of Application) Act (CAP 13) and Section 11 of the West Indies Associated States Supreme Court (Virgin Islands) Act (CAP 80) combined provide that the common law of England is in force in the territory and, to the extent there is any conflict between the rules of equity and the common law, the rules of equity prevail.

As a pre-eminent financial services jurisdiction, it is unsurprising that the territory of the BVI has a robust and modern legislative suite on matters relating to corporate and commercial law. The English common law will only apply to the extent that it has not been modified by such statutes.

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For further information, please contact:

Andrew Willins, Partner, Appleby

awillins@applebyglobal.com