The Eastern Caribbean Supreme Court has released new Civil Procedure Rules this week, to take effect from 31 July 2023.
The changes follow the most comprehensive review of the Rules since they first came into force. The review was carried out by a committee established by the Chief Justice and chaired by Justice of Appeal Paul Webster.
The new rules include a new Part 7 removing the requirement to obtain permission to serve out of the jurisdiction making the procedure more efficient and agile for the commencement of proceedings, while maintaining effective legal protections of the common law.
Ogier's team in the BVI had significant involvement in the development and drafting of the rules. Partner Nicholas Burkill was appointed by the Chief Justice to the Rules Review Committee and partner Nicholas Brookes served as chair of the BVI Bar Association working party identifying proposals for consideration by the Rules Review Committee.
Ogier will issue in-depth guidance on the new rules shortly. Our previous briefing on the changes can be found here: New rules on commencement of proceedings before the BVI Commercial Court
Global Head of BVI Dispute Resolution Brian Lacy said: "The new rules are a welcome development for all practitioners in the BVI Commercial Court as they further enhance the place of the BVI Commercial Court as a premier jurisdiction for the resolution of complex international disputes."
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