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
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]