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ARTICLE · 07 JULY 2022

The Recoverability Of Foreign Lawyers' Fees

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The recoverability of foreign lawyers' fees is an issue which has frequently been considered by the British Virgin Islands Courts in recent years. This has resulted in a significant body of case law on the topic.

Cayman IslandsLitigation, Mediation & Arbitration
Fleur O’Driscoll
Fleur O’Driscoll
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Introduction

The recoverability of foreign lawyers' fees is an issue which has frequently been considered by the British Virgin Islands Courts in recent years. This has resulted in a significant body of case law on the topic.1 

This issue has attracted less attention in the Cayman Islands though tangential issues, such as the limited admission of foreign lawyers, are frequently considered in the Grand Court. A recent Cayman Islands judgment has addressed the recoverability of foreign lawyers' fees and it is worthy of review, for the purpose of highlighting to prospective litigants the likelihood that foreign lawyers' fees will not be recoverable from their opponent.2

In this article, 'foreign lawyers' means lawyers who have not been admitted to practise Cayman Islands law but who are employed by an offshore firm based overseas which is affiliated with a Cayman Islands law firm.3

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