Visit UKSCJCPC/2020/0043
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PROCEDURE
Convoy Collateral Ltd (Appellant) v Cho Kwai Chee (also known as Cho Kwai Chee Roy) (Respondent) (British Virgin Islands)
Case summary
Case ID
JCPC/2020/0043
Jurisdiction
British Virgin Islands
Parties
Appellant(s)
Convoy Collateral Ltd
Respondent(s)
Cho Kwai Chee (also known as Cho Kwai Chee Roy)
Issue
(a) Can the BVI courts grant a freezing order in support of foreign proceedings? (b) Can the BVI courts grant permission to an applicant to serve an application for a freestanding freezing order out of the jurisdiction under r 7.3(2)(b) of the Civil Procedure Rules of the Eastern Caribbean Supreme Court? (c) Are judgments of the Privy Council on appeal from another jurisdiction binding on the BVI Courts or merely persuasive?
Facts
Convoy Collateral Ltd is pursuing its former director Dr Roy Cho in Hong Kong claiming $HK714m in damages for (broadly speaking) making inappropriate investments in various listed companies. In February 2018 Convoy obtained a freezing order in respect of Dr Cho’s assets in the BVI. The order was discharged in April 2019 and that decision was upheld by the Court of Appeal in March 2020.
Date of issue
2 July 2020
Judgment details
Judgment date
4 October 2021
Neutral citation
[2021] UKPC 24
Judgment links
Appeal
Justices
Hearing dates
Full hearing
Start date
16 February 2021
End date
17 February 2021
Watch hearings
16 February 2021 - Morning session
16 February 2021 - Afternoon session
17 February 2021 - Morning session
17 February 2021 - Afternoon session
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Change log
Last updated 9 May 2024