Garkusha Under The Spotlight

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).