British Virgin Islands:
Norwich Pharmacal – A Key Tool For Asset Tracing And Enforcement
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In a recent application before Justice Kaye QC in the BVI
Commercial Court Walkers successfully obtained a Norwich Pharmacal
Order against the Registered Agent of a BVI Company alleged to have
been involved in a wrongdoing.
In an unreported Judgment, Justice Kaye QC reaffirmed the
principles by which the Court would order Norwich Pharmacal relief.
These principles are neatly set out in the case of JSC BTA
Bank:
"There are two threshold requirements for the jurisdiction
of the court to come into being. First there must have been a
wrong.... Second, the respondent to an application for disclosure
must have "become mixed up" in it. That is the basis of
the jurisdiction. A further principle to apply, have the threshold
requirements have been satisfied, is the one of
necessity."
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