Jan. 18, 2016 – TORTOLA BVI – O'Neal Webster's litigation team, led by Partner Paul Dennis QC, extended its winning record with a major victory this week for the British Virgin Islands Electricity Corporation (BVIEC), the sole provider of electricity in the Territory.
On 13 January 2016, Her Ladyship Justice Nicola Byer handed down a judgment in favour of the BVIEC in a claim brought by the BVIEC against its sole supplier of fuel, Delta Petroleum (Caribbean) Ltd. (Delta). In 2015 Delta sought an increase in the price for fuel beyond that agreed to under Contract. Failing to secure such an increase, in June 2015 Delta attempted to cancel the fuel supply Contract with immediate effect. Her Ladyship declared that Delta's action was a breach of the Contract and ordered a grant of specific performance in favour of the BVIEC and just shy of one million dollars in liquidated damages to be paid by Delta.
Mr. Dennis QC was supported in the litigation by Willa Tavernier, O'Neal Webster Partner, and Nadine Whyte, O'Neal Webster Senior Associate. In July 2015, Mrs. Tavernier and Ms. Whyte successfully obtained an injunction for the BVIEC, issued by Her Ladyship Vicki-Ann Ellis, compelling Delta to continue to supply fuel to BVIEC until the claim was determined by the court at trial. That injunction is now proven to have been fully justified by the Court's conclusive decision in favour of the BVIEC.
"This is a victory not only for the BVIEC, but for the Territory as a whole," notes Mr. Dennis. "It vindicates the BVIEC's endeavour to ensure that the Territory has a predictable and stable source of fuel at the agreed price under the Contract, so that the BVIEC can to continue to supply the Territory with electricity in fulfillment of its statutory mandate."
The decision is the latest in a string of victories for the BVIEC and for Mr. Dennis and the firm's highly-regarded litigation team. In November 2015, Mr. Dennis and Ms. Whyte successfully obtained an order in the Commercial Court, setting aside an injunction in the ongoing $500 million Hualon Corporation v Marty Limited litigation.
About British Virgin Islands Electricity Corporation
The British Virgin Islands Electricity Corporation was established in 1978 as a statutory corporation in which the Government of the British Virgin Islands is the sole shareholder under the portfolio of the Ministry of Communication and Works. The major functions of the Corporation are the generation, transmission, supply, distribution, and sale of electricity throughout the British Virgin Islands.
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