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ARTICLE · 25 APRIL 2022

BVI Cross-Border Litigation: The Current State Of Cost Recovery

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The Legal Profession Act 2015 (as amended) introduced significant changes to regulation of the legal profession in the BVI, including restrictions aimed at preventing persons not admitted in the BVI from recovering fees.

British Virgin IslandsLitigation, Mediation & Arbitration
Jerry Samuel
Jerry Samuel
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The Legal Profession Act 2015 (as amended) (the "LPA") introduced significant changes to regulation of the legal profession in the British Virgin Islands (BVI)1, including restrictions aimed at preventing persons not admitted in the BVI from recovering fees2. This article reviews the leading cases on recoverability of fees of non-admitted persons since enactment of the LPA, highlighting uncertainties addressed by the courts and issues that require regulatory intervention.

Key statutory provisions

The important statutory provisions related to recoverability of fees are sections 2(1) and 18 of the LPA. Section 2(1) defines a legal practitioner as a person whose name is entered on the register of legal practitioners, known as the Roll, and states that "practise law" means "to practise as a legal practitioner or to undertake or perform the functions of a legal practitioner, as recognised by any law..." before or after commencement of the LPA. Sections 18(1) and (2)

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