In 1867, the territory received its first written constitution in the form of the Constitutional Decree, which abolished the previous Legislative Assembly and provided for a new Legislative Council. [3] However, the abolition of slavery and the collapse of sugar prices in the 19th century practically led to the economic ruin of the islands, and although the legislature lagged behind for some time, it was finally officially dissolved in 1901. After the famous march of 1947, the legislature was re-established in 1950 and permanent self-government was transferred in 1967. The main purpose of the 1950 Constitution was to return the power of the Governor of the Leeward Islands to the reformed Legislative Council of the British Virgin Islands. Historically, it is considered a detention measure; part of the process that eventually led to a more fundamental constitutional government in 1967. [4] Local laws are passed by the House of Assembly of the British Virgin Islands. The statutes are subject to the royal consent of the governor as the queen`s representative in the territory, but a refusal to give royal consent has never occurred in modern-day jurisdiction. All defendants in the jurisdiction must receive a claim form and a claim statement in accordance with Part 5 of EC`s CPP. If the defendant is a natural or legal person, the method of service varies.
Companies can be served by filing the application form at the company`s head office, but it is also possible to serve the directors or officers of the company or submit the application form by fax or stamped mail. In some situations, other means of service may be used. Businesses are usually served by delivery to the head office. Within fourteen days of service of the claim form, the defendant must provide confirmation of service within twenty-eight days of service. If the service is provided outside the limits of jurisdiction, the deadlines will be extended. In general, commercial law, including insolvency law, is relatively well developed in the British Virgin Islands. New legislation has been introduced to promote e-commerce in the jurisdiction. [8] Other laws vary slightly; Legislation concerning arbitration and bills of exchange dates back to the nineteenth century, but still works effectively.
Some laws need to be updated. The Assignment and Property Law Act (Cap. 220) dates back to 1961 and still contains provisions that specify when a wife may hold property in her own name. Process Service in the British Virgin Islands assumes responsibility for this. In the British Virgin Islands, an accused is of course tried. In terms of real estate, the British Virgin Islands introduced a Torrens registration system in the early 1970s, which greatly simplified domestic transmission. The cadastral survey of the islands was completed in 1972 and the new system was almost fully implemented in 1974. Non-residents who wish to acquire property in the British Virgin Islands must obtain a land holding licence from non-owners. [22] The British Virgin Islands archipelago contains an astonishing variety of about 50 islands, each with a unique charm and attraction. From the green hills and rocky coastlines of the main island of Tortola to the pristine beaches and incredible coral reefs of Anegada Atoll, the magnificent natural splendor of the British Virgin Islands makes it easy to see why “nature`s little secrets” is the official tourist slogan of the British Virgin Islands. But that`s not all. An order allowing service of the application form outside the jurisdiction must specify the time limits within which the defendant – Orders in council are a form of legislation enacted by the UK Government.
Typically, they deal with common issues for which it would not be practical to impose a burden on the local legislator, such as the transposition of United Nations Security Council resolutions into law. Various other highly technical aspects of the legislation are dealt with in the Council through the Regulation; For example, all laws of jurisdiction relating to civil aviation are enacted in this way. The legal profession is regulated by the General Legal Council of the Virgin Islands, and the main status dealing with the profession is the Legal Profession Act 2015. However, the legislation has been fraught with pitfalls and has already been amended three times. [32] In addition, significant appointments under the Act, including the appointment of a disciplinary tribunal, have yet to be made. [33] It is for the competent court and international conventions to determine what type of service may be used after an application for leave to prosecute has been granted. The British Virgin Islands has ratified the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. By international standards, perhaps the most important event in the legal history of the territory was the trial and execution of Arthur William Hodge for the murder of a slave; the only time a British subject was executed for killing a slave.
The early legal history of the British Virgin Islands is somewhat hampered by the fact that at the time of colonization it was often difficult to know who controlled the islands. The islands were first settled by the Dutch in modern times, but in 1628 the English crown granted Lord Willoughby patents for the colonization of what is now the British Virgin Islands. The British expelled the Dutch in 1672 during the Third Anglo-Dutch War, but later showed the intention to return the islands to the Dutch. Later, they left this position, and in 1698 the British government felt that the area belonged to the British (see generally: History 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 are members of the Supreme Court of the Eastern Caribbean. The courts are organized at four levels, including the final appeal to the Judicial Committee of the Privy Council in London. The British Virgin Islands is a common law jurisdiction, although the law and procedures of the British Virgin Islands differ considerably from English law due to local laws, orders and rules of civil procedure.
