The Eastern Caribbean Court of Appeal and Worldwide Freezing Orders

The Eastern Caribbean Court of Appeal rules that ancillary disclosure of assets may be stayed pending application to discharge a worldwide freezing order.

Walkers appeared on the successful appeal in which the Eastern Caribbean Court of Appeal overturned the order of Bannister J requiring that its client give disclosure of his assets notwithstanding his pending application to discharge a worldwide freezing order. In making its order, the Court of Appeal clarified the factors which may constitute exceptional circumstances in which compliance with disclosure provisions ancillary to a freezing order may be stayed pending an application to discharge that order. This is the first BVI case in which disclosure has been stayed in such circumstances and thus sets an important precedent for the jurisdiction.

Walkers also act in the ongoing underlying proceedings in which they challenge on their Client's behalf a claim brought in the BVI by a multi-national telecommunications company with investments in East Africa on both jurisdictional and forum grounds.

Partner Rosalind Nicholson and associate Jennifer Fox based in Walkers' BVI office acted in this matter.

BRITISH VIRGIN ISLANDS
Rosalind NicholsonPartnerT +1 284 852 2237rosalind.nicholson@walkersglobal.com