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The Recovery of Foreign Lawyers’ Fees in Commercial Litigation

November 2016 Tameka Davis

In the British Virgin Islands (BVI), commercial or other high-value litigation, invariably enjoy cross-border characteristics. Frequently, the BVI is one of a number of jurisdictions in which litigious steps are being taken in a globally coordinated effort requiring the input and expertise of lawyers in multiple jurisdictions.

A recent decision by the Eastern Caribbean Supreme Court, Court of Appeal (sitting in the BVI) in Dimitry Vladimirovich Garkusha v Ashot Yegiazaryan (2016) provides context on the question of the recoverability of foreign lawyers’ fees as disbursements or otherwise limitations presented by the new Legal Profession Act, 2015 (the Act).

Here we examine the impact of Garkusha and identify the pitfalls presented by the Act. This offers alternative perspectives on the combined effect of the legislation and case law, giving guidelines for navigating the treacherous waters of fee recovery. In this article reference to foreign lawyers refers to lawyers not called to the Bar of the BVI. Lawyers located outside of the BVI but entitled to practice BVI law are excluded from this analysis.

 

To continue reading full articles in PDF format:
The Recovery of Foreign Lawyers’ Fees in Commercial Litigation

 


Tameka Davis
Counsel

British Virgin Islands   +1 284 852 1120


This article was first published in CDR, Volume 7, Issue 6, November-December 2016

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Articles

The Recovery of Foreign Lawyers’ Fees in Commercial Litigation

17 November 2016 Tameka Davis

In the British Virgin Islands (BVI), commercial or other high-value litigation, invariably enjoy cross-border characteristics. Frequently, the BVI is one of a number of jurisdictions in which litigious steps are being taken in a globally coordinated effort requiring the input and expertise of lawyers in multiple jurisdictions.

A recent decision by the Eastern Caribbean Supreme Court, Court of Appeal (sitting in the BVI) in Dimitry Vladimirovich Garkusha v Ashot Yegiazaryan (2016) provides context on the question of the recoverability of foreign lawyers’ fees as disbursements or otherwise limitations presented by the new Legal Profession Act, 2015 (the Act).

Here we examine the impact of Garkusha and identify the pitfalls presented by the Act. This offers alternative perspectives on the combined effect of the legislation and case law, giving guidelines for navigating the treacherous waters of fee recovery. In this article reference to foreign lawyers refers to lawyers not called to the Bar of the BVI. Lawyers located outside of the BVI but entitled to practice BVI law are excluded from this analysis.

 

To continue reading full articles in PDF format:
The Recovery of Foreign Lawyers’ Fees in Commercial Litigation

 


Tameka Davis
Counsel

British Virgin Islands   +1 284 852 1120