Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings. This area has expanded in recent years, in particular given the importance of “oligarch” divorce proceedings. The typical case concerns a spouse who files a divorce petition in London and then seeks injunctions to protect against dissipation. BVI companies and trusts often hold substantial assets and become the target of freezing and disclosure orders.
These types of applications can differ from other types of interim relief in subtle ways. Procedurally, being in the nature of matrimonial proceedings, they are normally filed in the BVI High Court, rather than the BVI Commercial Court. Helpfully they are also typically viewed as akin to proprietary claims, which, as explained below, can be an advantage to a Claimant.
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