Edward Bannister Explained

Edward Bannister
Honorific-Suffix:	KC
Office:	ECSC Commercial Court Judge
Term Start:	2009
Term End:	2015
Nationality:	British
Alma Mater:	Keble College, Oxford
Occupation:	Judge
Profession:	Barrister

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.

Life

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.

Notes and References

1. Web site: ECSC directory. 18 November 2013. https://web.archive.org/web/20131214084357/http://www.eccourts.org/static/tvi.html. 14 December 2013. dead.
2. Web site: Who's Who and Who Was Who: For autobiographical information on the noteworthy & famous.. Oxford University Press.
3. Web site: Best silks, bar none. The Lawyer. 18 March 1997.
4. Black Swan Investments v Harvest View Ltd et al. BVIHCV 2009/348. 23 March 2010. http://www.eccourts.org/wp-content/files_mf/23.03.10blackswaninvestmentvharvestviewltdetal.pdf.
5. Web site: The Black Swan jurisdiction two years on: lessons and limitations. 13 April 2012.
6. Book: Harney Westwood & Riegels ]]

   . Harney Westwood & Riegels ]]. British Virgin Islands Commercial Law . 2nd . 2012 . . 978-962661479-2 . 8 .

7. Ennio Zanotti v Interlog Finance Corp.. BVIHCV 2009/0394. 8 February 2010. http://www.eccourts.org/judgments/decisions/2010/EnnioZanotti_v_InterlogFinanceCorpetal.pdf.
8. Exeter City AFC Ltd v The Football Conference Ltd & Anor. EWHC. Ch. 2004. 831. [2004] 1 WLR 2900. 29 January 2004.
9. Fulham Football Club (1987) Ltd v Richards & Anor. EWHC. Ch. 2010. 3111. [2011] Ch 208. 1 December 2010.
10. Re C (a bankrupt). BVIHCV 2013/080. 2014. http://www.thelawyer.com/briefings/in-re-c-a-bankrupt-bvihc-0080/2013-common-law-recognition-of-a-foreign-bankruptcy-trustee-in-the-bvi/3018062.article.
11. BVIHCV 2010/0140
12. Nilon Limited v Royal Westminster Investments S.A.. HCVAP 2010/0034. http://www.eccourts.org/royal-westminster-investments-sa-et-al-v-nilon-ltd-et-al/.
13. 2000
14. Nilon Limited v Royal Westminster Investments S.A.. [2015] UKPC 2. 21 January 2015. http://www.bailii.org/uk/cases/UKPC/2015/2.html.
15. Web site: Outgoing commercial court judge praised by colleagues . . 13 March 2015.