(on appeal from the British Virgin Islands) is a leading case of the Judicial Committee of the Privy Council on the right of a party to seek rectification of a company's share register, and the use of "anchor defendants".

The respondent, Nilon Limited, was a company incorporated in the British Virgin Islands against whom rectification of the share register was sought.

Mr Varma accepted that there was an agreement reached on the relevant date concerning the terms of a joint venture between him and the Mahtani parties.

Those agreed terms included (1) the incorporation of Nilon in the British Virgin Islands; (2) the opening of a joint venture bank account in Jersey into which each joint venture partner would make an initial capital contribution by way of loan; (3) profit sharing arrangements; (4) that all control and decision making powers would vest in him or his group of companies, who would receive a management fee.

The Mahtani parties applied to the Commercial Court in the British Virgin Islands for permission to serve Mr Varma out of the jurisdiction.

After drawing attention to minor differences between the procedural rules between the Civil Procedure Rules in England and the British Virgin Islands (which he held were not material for the purposes of the appeal), Lord Collins referred to his own leading judgment setting out the applicable principles in relation to service out in AK Investment CJSC v Kyrgyz Mobil Tel Ltd [2011] UKPC 7, [2012] 1 WLR 1804, at para 71.

Although this analysis was sufficient to dispose of the appeal, Lord Collins added some additional obiter dictum comments in relation to the doctrine of forum non conveniens.