Edward Alexander Bannister CMG KC (born 12 August 1942) is the former Commercial Court Judge of the Eastern Caribbean Supreme Court based in the British Virgin Islands.[1] He was appointed in 2009, and was the first ever person to hold the post.
Edward Bannister | |
|---|---|
| ECSC Commercial Court Judge | |
| In office 2009–2015 | |
| Monarch | Elizabeth II |
| Personal details | |
| Nationality | British |
| Alma mater | Keble College, Oxford |
| Occupation | Judge |
| Profession | Barrister |
Life edit
Bannister was born on 12 August 1942, the son of Edward Bannister and Antonina Bannister.[2] He was educated at St John's School, Leatherhead and Keble College, Oxford.[2] He became a barrister practising in London, where he was regarded as one of the more able senior barristers.[3] As counsel he appeared before the House of Lords in Stein v Blake [1995] UKHL 11.
During his appointment Justice Bannister has handed down a number of decisions which have helped to reshape British Virgin Islands commercial law, including creating the jurisdiction for "Black Swan" orders[4] and reformulating the basis for minority prejudice relief.[5] Justice Bannister also heard the various first instance claims relating to the Bernie Madoff fraud claims in the British Virgin Islands.
Justice Bannister is a relatively bold judge in terms of treatment of judicial precedent:[6]
- In Zanotti v Interlog Finance Corp.[7] he declined to follow the clear English common law rules set down in Exeter Football Club v Football Conference[8] (although Exeter was later overturned in United Kingdom in Fulham Football Club (1987) Ltd v Richard[9]).
- In Re C (a bankrupt),[10] Justice Bannister partially overturned his own previous ruling in Picard v Bernard L Madoff Investment Securities LLC[11] holding, with regret, that he now believed his earlier decision had been wrong in certain respects.
- In Nilon Limited v Royal Westminster Investments S.A.[12] he once again declined to follow English Court of Appeal authority in Re Hoicrest Ltd[13] and was again vindicated when the Privy Council adopted his approach and overruled Re Hoicrest.[14]
Bannister retired from his post in 2015.[15]
He was appointed Companion of the Order of St Michael and St George (CMG) in the 2017 Birthday Honours.[16]
Offices edit
References edit
- ^ "ECSC directory". Archived from the original on 14 December 2013. Retrieved 18 November 2013.
- ^ a b "Who's Who and Who Was Who: For autobiographical information on the noteworthy & famous". Oxford University Press.
- ^ "Best silks, bar none". The Lawyer. 18 March 1997.
- ^ Black Swan Investments v Harvest View Ltd et al, BVIHCV 2009/348 (23 March 2010).
- ^ "The Black Swan jurisdiction two years on: lessons and limitations". 13 April 2012.
- ^ British Virgin Islands Commercial Law (2nd ed.). Sweet & Maxwell. 2012. p. 8. ISBN 978-962661479-2.
- ^ Ennio Zanotti v Interlog Finance Corp., BVIHCV 2009/0394 (8 February 2010).
- ^ Exeter City AFC Ltd v The Football Conference Ltd & Anor [2004] EWHC 831 (Ch), [2004] 1 WLR 2900 (29 January 2004)
- ^ Fulham Football Club (1987) Ltd v Richards & Anor [2010] EWHC 3111 (Ch), [2011] Ch 208 (1 December 2010)
- ^ Re C (a bankrupt), BVIHCV 2013/080 (2014).
- ^ BVIHCV 2010/0140
- ^ Nilon Limited v Royal Westminster Investments S.A., HCVAP 2010/0034.
- ^ [2000] 1 WLR 414
- ^ Nilon Limited v Royal Westminster Investments S.A., [2015 UKPC 2] (21 January 2015).
- ^ "Outgoing commercial court judge praised by colleagues". BVI Beacon. 13 March 2015.
- ^ "No. 61962". The London Gazette (Supplement). 17 June 2017. p. B3.
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