The Court confirmed that if an expert strays materially from their duties of independence, impartiality and objectivity, their evidence may be excluded altogether.
The judgment followed General Tamara Ćapeta’s opinion of April 7, 2022, that the first-instance judgment against Volotea and other plaintiffs contained errors of law.
Despite Weiss having robust defences to prevent IP theft from outside the organisation, between 2015 and 2018, Weiss Technik UK was subject to an internal attack by rogue employees.
The case, in the matter of Nicolas Criniti Pty Ltd (in Liquidation), serves as a stark reminder for contractors and subcontractors of the difficulties associated with recovering amounts due under a construction contract where the contractual counterparty
The BVI nevertheless remains a creditor friendly jurisdiction, and as the obiter comments made by the Court in relation to the public policy defence show, the Court will assist creditors where possible, even if the outcome may be imperfect.