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In the second of two articles evaluating the BVI courts’ recent approach to the recovery of foreign lawyers’ fees under adverse costs orders in commercial litigation, Tameka Davis, counsel at Conyers, Dill & Pearman in the British Virgin Islands, finds a February decision of the Court of Appeal has provided some welcome predictability on the matter.
In CDR’s November-December 2016 issue, the author explored the then recent decision by the Eastern Caribbean Supreme Court, Court of Appeal, sitting in the British Virgin Islands, in Dimitry Vladimirovich Garkusha v Ashot Yegiazaryan (Garkusha) on the question of the recoverability of foreign lawyers’ fees as a disbursement or otherwise in the context of the limitations presented by the new Legal Profession Act 2015 (Act).
In that article, the author surmised that it was “well arguable that the decision in Garkusha was per incuriam and that in relation to foreign lawyers acting outside the BVI, the common law on the recoverable of fees will continue to apply”. Handing down judgment on 3 February 2017, Justices of Appeal Mario Michel, Paul Webster and Anthony Gonsalves QC, sitting in the BVI Court of Appeal, in John Shrimpton and Pitcairn Limited v Dominic Scriven, disagreed.
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Garkusha Under the Spotlight
This article first appeared in Commercial Dispute Resolution, 10 May 2017, in relation to The Recovery of Foreign Lawyers' Fees in Commercial Litigation.