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Judiciary of the British Virgin Islands

The judiciary of the British Virgin Islands is based on the judiciary of the United Kingdom. The British Virgin Islands is a member state of the Eastern Caribbean Supreme Court. The courts are organised at four levels, with a provision for final appeal to the Judicial Committee of the Privy Council in London.

The British Virgin Islands is a common law jurisdiction. However, British Virgin Islands law and procedure differ significantly from English law due to local statutes, orders, and civil procedure rules. In certain instances, British Virgin Islands law provides that, in the absence of any local provision, English law or procedure shall apply.

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Court of Appeal
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Appeals from both the Supreme Court and Magistrate's Court are heard by the Court of Appeal of the Eastern Caribbean Supreme Court. The Court of Appeal rotates through the Caribbean member states, and usually sits in the British Virgin Islands twice a year. Although most appeals are heard when the court is sitting within the relevant country, for emergency appeals, lawyers can appear in a British Virgin Islands appeal in any jurisdiction where the court happens to be sitting.

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Judicial Committee of the Privy Council (JCPC)
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The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United Kingdom. It was established by the Judicial Committee Act 1833 (or the Privy Council Appeals Act 1832) to hear appeals that were formerly heard by the King-in-Council.

The JCPC serves as the highest court of appeal (or court of last resort) for several independent Commonwealth countries, British Overseas Territories, and British Crown dependencies, including the British Virgin Islands.

Commonly referred to as the Privy Council, appeals are made to ‘Her Majesty in Council’ (i.e., the British monarch, formally advised by her Privy Counsellors). The monarch then refers the case to the Judicial Committee for ‘advice,’ with the ‘report’ of the Judicial Committee always accepted by the Queen in Council as judgment.

The panel of judges hearing a particular case, typically consisting of five judges, is known as ‘the Board.’

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Supreme Court (High Court)
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The Eastern Caribbean Supreme Court is the superior court of record in the British Virgin Islands. While commonly referred to as the High Court, its correct name is technically the Supreme Court. It holds unlimited jurisdiction within the British Virgin Islands.

The British Virgin Islands has one sitting judge of the High Court, currently Vicki Ann Ellis, who has served in this role since 2012.

In addition to the Supreme Court, the Commercial Division of the Supreme Court also sits in the British Virgin Islands. Established in May 2009, it is commonly (though slightly inaccurately) referred to as the Commercial Court. The current sitting judge is Edward Bannister, QC, who has served since 2009. While the Commercial Court may hear cases from any of the nine member jurisdictions of the Eastern Caribbean Supreme Court, its work is predominantly focused on the British Virgin Islands for a variety of reasons. The minimum value for a claim to be brought before the Commercial Court is US$500,000, although most cases tend to be significantly larger.

Civil procedure in the High Court and its appellate courts is governed by the Eastern Caribbean Supreme Court Rules (commonly referred to as the CPR). These rules do not apply to certain types of actions, such as family proceedings, insolvency, non-contentious probate, or when the High Court is acting as a prize court.

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The Magistrate Court
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The Magistrate's Court is the court of lowest jurisdiction in the British Virgin Islands. It primarily handles criminal matters with summary jurisdiction, minor civil claims, and certain family law issues. The Magistrate also has limited jurisdiction regarding salvage and wreck cases.

For criminal matters that are triable either way (i.e., either summarily or on indictment), the accused has the option to choose whether to face trial in the Magistrate's Court without a jury or to elect for a trial before a jury in the High Court. If the trial takes place in the Magistrate's Court and the accused is convicted, the sentencing will be limited to the Magistrate's Court's powers.

Appeals from the decisions of the Magistrate are taken directly to the Court of Appeal, rather than going through the High Court by way of a case stated.