Fountain Court Chambers’ members, Stephen Rubin QC and Brian Doctor QC, were successful in an important appeal to the East Caribbean Court of Appeal (“ECCA”) – [BVIHCMAP 2017/0007]. They were challenging the power of the Commercial Court of the British Virgin Islands to order cross-examination of a defendant on his affidavit of assets provided pursuant to a Worldwide Freezing Order (“WFO”). The ECCA accepted their argument and ruled that the Commercial Court did not have jurisdiction/power to order cross-examination of the defendant, Mr Rogalskiy, a Russian residing in Russia who was still disputing that he had been validly served with proceedings and was challenging the court’s jurisdiction. The ECCA regarded the case as being without a binding or persuasive precedent at appellate level there or in England and concluded that although a WFO was effective while jurisdiction was challenged cross-examination could not be ordered. They also held that even if there had been power, it would have been wrong to order cross-examination as a matter of discretion. Brian Doctor QC drafted the skeleton argument but was unavailable for the hearing of the appeal itself which was argued by Stephen Rubin QC instructed by Andrew Willins of Applebys. A copy of the judgment of the ECCA can be accessed here.
