ECSC Court of Appeal upholds jurisdiction challenge
Thomas Munby KC and Ryan Turner have succeeded in a jurisdiction challenge before the Court of Appeal of the Eastern Caribbean Supreme Court.
Two years ago, Mr Justice Webster delivered judgment in Oscar Trustee Limited v MBS Software Solutions Limited; Paget & Zulpo. Mr Justice Webster there dispelled the Halliwel myth that r 7.14 of the BVI CPR (now r 7.17) was a freestanding source of power to grant permission to serve an application out of the jurisdiction — there, an application for a non-party costs order. Our comment on the judgment at first instance is available here.
The Court of Appeal has now dismissed an appeal from Webster J’s decision and would otherwise have upheld the judgment based on a further ground raised by the Respondents’ Notice.
David Mumford KC (at first instance), Thomas Munby KC (on appeal), and Ryan Turner (on both occasions) were instructed by Andrew Willins and Tamara Cameron of Appleby.