Part 69: A Commercial Court Rules (British Virgin Islands)

STATUTORY INSTRUMENT 2009 NO. 12

VIRGIN ISLANDS (COURTS) ORDER 1967 (U.K.S.I. 1967 NO.

231)

Eastern Caribbean Supreme Court Civil Procedure Rules (Application to the Virgin Islands) (Amendment)

Order, 2009

[Gazetted 15th May, 2009]

“SCHEDULE PART 69A

 
COMMERCIAL CLAIMS
Contents of this Part

 
Scope of this Part and interpretation
 
69A.1 (1) This Part applies to claims in the Commercial Division of the Supreme Court sitting in the jurisdiction of the Virgin Islands.

(2) Subject to paragraph (3), in this Part and its practice direction, “commercial claim” means any claim or application arising out of the transaction of trade and commerce and includes any claim relating to –

(a) the law of business contracts and companies;

(b) partnerships;

(c) the law of insolvency;

(d) the law of trusts;

(e) the carriage of goods by sea, air or pipeline;

(f) the exploitation of oil and gas reserves;

(g) the insurance and re-insurance;

(h) banking and financial services;

(i) collective investment schemes,

(j) the operation of markets and exchanges;

(k) mercantile agency and usages;

(3) In order for a claim to qualify as a commercial claim, the claim or value of the subject matter to which the claim relates must be at least

$500,000.

(4) Notwithstanding paragraphs (2) and (3), the commercial division judge may include in the commercial list a claim that has not satisfied the monetary value under paragraph (3), if he considers the claim to be of a commercial nature and warrants being placed on the commercial list.

 
Commercial list
69A.2 (1) The commercial list is a list for claims commenced or proceeding in the Commercial Division.

(2) A judge assigned to the Commercial Division shall be in charge of the commercial list.

 
Application of the Civil Procedure Rules
69A.3 These Rules and their practice directions apply to claims in the commercial list unless this Part or a practice direction provides otherwise.
 
Proceedings in the commercial list
69A.4 (1) A commercial claim may be placed on the commercial list at the time it is filed or pursuant to paragraph (4) at a subsequent time.

(2) The legal practitioner for the claimant or applicant filing a claim must file therewith a certificate to the effect that the claim is appropriate to be treated as a commercial claim within the meaning of rule 69A.1 (2) and (3) and setting out such facts relating to the claim as shall demonstrate this.

(3) The commercial division judge may order a claim to be transferred to any other list on the grounds that he is not satisfied that the claim is a commercial claim.

(4) At any time before the first case management conference, a party may apply to the commercial division judge to have a matter placed on the commercial list.

(5) An application under paragraph (4) must be supported by an affidavit.

 
Statement of value
69A.5 A statement of value of the claim or of the subject matter to which the claim relates must be included in the claim form.
 
Defence
69A.6 Part 10 (defence) applies to the claims in the commercial list with the modification that the time referred to in rule 10.9 (1) (a) is varied to 21 days after the service of the defence.
 
Disclosure – ship’s papers
69A.7 (1) If, in proceedings relating to a marine insurance policy, the underwriters apply for specific disclosure under rule 28.5, the commercial division judge may –
(a) order a party to produce all the ship’s papers; and
(b) require that party to use his best endeavours to obtain and disclose documents which are not or have not been in his control.
(2) An order under this rule may be made at any stage of the proceedings and on such terms, if any, as to staying the proceedings or otherwise, as the judge thinks fit.
 
Judgments and orders
69A.8 (1) Except for orders made by the commercial division judge on his own initiative and unless he orders otherwise, every judgment or order will be drawn up by the parties, and the rule 42.5 is modified accordingly.

(2) An application for a consent order must be made and such an application must include a draft of the proposed order signed on behalf of all the parties to whom it relates.

(3) The commercial division judge may deal with an application under paragraph (2) without a hearing.