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ARTICLE · 06 JULY 2021

Proceed With Caution: BVI Recoverable Costs Still Not Crystal Clear

Collas Crill
Collas Crill
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Collas Crill

Collas Crill

Firm Details: Chief Executive Officer: Jason Romer Managing Partners: Bermuda: Lilla Zuill, BVI:...

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Given that the BVI is an international business and financial centre, disputes usually have a cross-jurisdictional element to them.

British Virgin IslandsLitigation, Mediation & Arbitration

Given that the BVI is an international business and financial centre, disputes usually have a cross-jurisdictional element to them. As a result, parties often instruct overseas legal counsel in addition to BVI practitioners. In such cases multiple firms and jurisdictions may be involved, including different jurisdictional offices within the same firm. Sometimes separate offices step in to assist as a result of workloads, client requirements and time zone considerations.

This does beg the question: what are the rules governing the recoverability of costs? This question has become more urgent following the introduction of the Legal Profession Act, 2015 (the 'Act').

The Act

The Act came into force in November 2015 and introduced a regime under which it is likely that an offence is committed if an individual undertakes or performs the functions of a legal practitioner in the BVI without first having been admitted to do so and having been added to the register of BVI

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