In a recent decision of the BVI Commercial Court in Claim No. BVIHC (COM) 062 of 2014 between JSC VTB Bank -v- Alexander Katunin and Sergey Taruta, the Court determined that the first Defendant submitted to jurisdiction by his conduct, in the face of repeated reservations of his right to contest service and jurisdiction.
The decision also contains insights into the Court’s approach to the scope of alternative service out of the jurisdiction under CPR Part 7.8A, in circumstances where an order for alternative service within the jurisdiction was made pursuant to CPR Part 7.8A against a proposed Defendant who is outside the jurisdiction.
This interesting decision may be the first reported decision dealing with the scope of CPR Part 7.8A, since the CPR was amended in 2011 to introduce this provision. If the decision is appealed, it will be equally interesting to see whether the Court of Appeal adopts the same pragmatism as the Commercial Court and whether any further guidance will be received in relation to the scope of CPR Part 7.8A.
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