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Convoy Collateral Ltd v Broad Idea International Ltd & Anor

International & Offshore, Judgments

16 February 2021

Richard Morgan QC and Andrew McLeod will appear with Walkers’ partner Rosalind Nicholson on behalf of the First Respondent instructed by Walkers’ partner Murray Laing (with Blake Morgan as Privy Council Agent) and David Mumford QC and Ryan Turner will appear with Appleby’s Andrew Willins on behalf of the Second Respondent (with BDB Pitmans as Privy Council Agent).

The appeal concerns the jurisdiction of the BVI court to grant freezing orders in support of foreign proceedings, to permit service of an application claiming only freestanding freezing relief out of the jurisdiction, and to injunct third parties to the underlying proceedings. It will involve the Privy Council revisiting (for the first time in 25 years) its own decision in Mercedes Benz v Leiduck, as well as the Siskina, Fourie v Le Roux and the rationale for and scope of the “Chabra” jurisdiction.” In recognition of the significance of the appeal, the Privy Council will sit as an enlarged seven-member Board that includes both the President and Deputy President of the Supreme Court (Lord Reed of Allermuir and Lord Hodge) as well as the recently appointed Master of the Rolls (Sir Geoffrey Vos).

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