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In conclusion, unlike English law, the British Virgin Islands Evidence Act 2006 provides for an express mechanism as to the factors which a court is required to assess in order to decide whether illegally obtained evidence should be admitted.
The British Virgin Islands acceded to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents in the year 1965.
The Eastern Caribbean Supreme Court is the superior court of record in the British Virgin Islands. Although commonly referred to as the High Court, technically its correct name is the Supreme Court. It is a court of unlimited jurisdiction in the British Virgin Islands.
The inferior courts are constrained by the decisions of the Supreme Court ? once the Supreme Court interprets a law, inferior courts must apply the Supreme Court's interpretation to the facts of a particular case.
A large body of the laws of the British Virgin Islands consists of the common law, which continually updates itself through judicial precedent in the territory and in other common law countries. The British Virgin Islands is a dependent territory of the United Kingdom.
The admission of evidence at trial is governed by the Evidence Act 2006, Parts 29?33 of the Civil Procedure Rules, and the common law. As noted in 5.5 Legal Privilege, legal privilege is recognised in the BVI. Legally privileged documents are generally not admissible at trial.