Nov 2012
##BRITISH VIRGIN ISLANDS
###HIGH COURT (COMMERCIAL DIVISION)
####RULE 24 – SECURITY FOR COSTS – EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES, 2000
The first to sixth Defendants (the “Applicants”) applied pursuant to Rule 24 of the _BVI Civil Procedure Rules_ for an order requiring the Claimant to give security for their costs of the proceedings. The Respondents alleged, _inter alia_, that the Claimant, although incorporated in the BVI, was ordinarily resident out of the jurisdiction. The Respondents sought to rely on the English case _Re Little Olympian Each Ways Ltd_ [1995] 1 WLR 560 (a tax case) where the Court held that the test to determine whether a corporation was ordinarily resident out of the jurisdiction of the English Court was where central management and control abides.