Edward Bannister

Edward Bannister
QC
ECSC Commercial Court Judge
In office
2009–2015
Monarch Elizabeth II
Personal details
Nationality British
Alma mater Keeble College, Oxford
Occupation Judge
Profession Barrister
For the Black Canadian-American painter, see Edward Mitchell Bannister.

Edward Alexander Bannister QC 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. Prior to his appointment he was a barrister practising in London, where he was regarded as one of the more able senior barristers.[2] 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[3] and reformulating the basis for minority prejudice relief.[4] 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:[5]

  • In Zanotti v Interlog Finance Corp.[6] he declined to follow the clear English common law rules set down in Exeter Football Club v Football Conference [7] (although Exeter was later overturned in United Kingdom in Fulham Football Club (1987) Ltd v Richard [8]).
  • In Re C (a bankrupt),[9] Justice Bannister partially overturned his own previous ruling in Picard v Bernard L Madoff Investment Securities LLC[10] 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.[11] he once again declined to follow English Court of Appeal authority in Re Hoicrest Ltd[12] and was again vindicated when the Privy Council adopted his approach and overruled Re Hoicrest.[13]

Bannister retired from his post in 2015.[14]

Offices

Legal offices
Preceded by
New Office		 Eastern Caribbean Supreme Court
Senior Commercial Court Judge
2009—2015 		Succeeded by
Barry Leon

References

  1. ↑ "ECSC directory". Retrieved 18 November 2013.
  2. ↑ "Best silks, bar none". The Lawyer. 18 March 1997.
  3. ↑ Black Swan Investments v Harvest View Ltd et al, BVIHCV 2009/348 (23 March 2010).
  4. ↑ "The Black Swan jurisdiction two years on: lessons and limitations". 13 April 2012.
  5. ↑ British Virgin Islands Commercial Law (2nd ed.). Sweet & Maxwell. 2012. p. 8. ISBN 978-962661479-2.
  6. ↑ Ennio Zanotti v Interlog Finance Corp., BVIHCV 2009/0394 (8 February 2010).
  7. ↑ Exeter City AFC Ltd v The Football Conference Ltd & Anor [2004] EWHC 831 (Ch), [2004] 1 WLR 2900 (29 January 2004)
  8. ↑ Fulham Football Club (1987) Ltd v Richards & Anor [2010] EWHC 3111 (Ch), [2011] Ch 208 (1 December 2010)
  9. ↑ Re C (a bankrupt), BVIHCV 2013/080 (2014).
  10. ↑ BVIHCV 2010/0140
  11. ↑ Nilon Limited v Royal Westminster Investments S.A., HCVAP 2010/0034.
  12. ↑ [2000] 1 WLR 414
  13. ↑ Nilon Limited v Royal Westminster Investments S.A., [2015 UKPC 2] (21 January 2015).
  14. ↑ "Outgoing commercial court judge praised by colleagues". BVI Beacon. 13 March 2015.


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