BVI Court Issues Key Decision On Recoverability Of Costs

In the decision of Yao Juan v. Kwok Kin Kwok and Crown Treasure Group handed down on 23 April 2020, the Hon Justice Jack ruled on the quantum of costs payable to the First Defendant (represented by Conyers), pursuant to a Court of Appeal order that the Claimant pay the First Defendant's costs of lengthy unfair prejudice proceedings issued in the BVI Commercial Court. Following a detailed assessment, which took place over the course of three days and was conducted remotely, the Court ruled that the First Defendant was entitled to approximately 92% of the total costs and disbursements claimed.

Significantly, the Court determined the issue of the recoverability of costs in respect of work done by three fee earners of Conyers based in Hong Kong who were not BVI admitted at the relevant time. The Claimant argued that these costs were irrecoverable pursuant to section 18(3) of the Legal Profession Act, 2015 (the "LPA") and in light of the Court of Appeal's rulings in Garkus