Nicholas Brookes
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing Services
Local Legal Services
Private Wealth
Property law
Regulatory
Relocation Services
Restructuring and Insolvency
Tax
Banking and Finance overview
Asset Finance
CAYLUX Fund Finance
Debt Capital Markets
Derivatives
Fund Finance
Islamic Finance
Leveraged Finance
Listing services
Real Estate Finance
Regulatory
Restructuring and Insolvency
Structured Finance
Sustainable Finance
Corporate overview
Economic Substance
EIIS Services in Ireland
Equity Capital Markets
Insurance and Reinsurance
Listing services
Mergers and Acquisitions
Private Equity
Real Estate Structuring, Acquisitions and Disposals
Regulatory
Technology and Web3
Dispute Resolution overview
Banking Disputes
Corporate and Financial Services Disputes
Crypto Disputes
Enforcement of Judgments and Awards
Fraud and Asset Tracing
Funds Disputes
Insurance Disputes
International Arbitration
Regulatory
Restructuring and Insolvency
Section 238 Shareholder Appraisal Rights
Shareholder and Valuation Disputes
Trusts Disputes and Applications
Investment Funds overview
Hedge Funds
Managers and Sponsors
Private Equity
Real Estate, Infrastructure and Energy Funds
Regulatory
Sustainable Investing and Impact Funds
Technology and Web3
Local Legal Services overview
Cayman Local Legal Services
Channel Islands Local Legal Services
Employment law
Estate Planning, Wills and Probate
Expat services
Family Office
Intellectual Property
Ireland Local Legal Services
Make your Guernsey will online
Make your Jersey lasting power of attorney online
Make your Jersey will online
Notary public services
Property law
Relocation Services
Private Wealth overview
Employee incentives and pensions
Estate Planning, Wills and Probate
Family Office
Make a Jersey lasting power of attorney online
Make your Guernsey will online
Make your Jersey will online
Private Wealth and ESG
Private Wealth and Jersey Private Funds
Relocation Services
Trust Advisory Group
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Debt Capital Markets - Ogier Global
Fund Services - Ogier Global
Governance Services - Ogier Global
Investor Services - Ogier Global
Ogier Connect - Ogier Global
Private Wealth Services - Ogier Global
Real Estate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Insight
06 October 2016
British Virgin Islands
Recently in the BVI the recoverability of the fees of foreign lawyers from opposing parties has been the subject of both judicial and legislative concern. The Legal Professional Act, 2015 ("LPA") was enacted last year, which changed the way practitioners are regulated and in turn affected how the Court views recoverability.
The traditional position in the Commercial Court was that the fees of instructed foreign lawyers are treated as a disbursement in a BVI costs assessment, to be justified as a reasonable expense incurred by the BVI lawyers in and about the conduct of the case in the BVI (Grand Pacific Holdings Ltd v Pacific China Holdings Ltd BVIHCV 2009/389).
Just before the LPA, the Court revisited this issue and held that, in international commercial litigation, the involvement of lawyers who are not practitioners of the jurisdiction’s law are a reality and a practical and reasonable necessity. Even though they are not practising local law, subject to the same considerations that apply to all members of the legal team, the value of their work should be recognized and included in assessed costs (Olive Group Capital Limited v Gavin Mark Mayhew BVIHC (Com) 2015/115).
The LPA went through various revisions and included restrictions on the practice of BVI law to a strict practicing certificate regime. During these revisions the extra-territorial effect was removed from the Bill before its enactment.In an appeal in which Ogier acted for the appellant, the Court of Appeal of the Eastern Caribbean Supreme Court construed the LPA and found costs of foreign lawyers irrecoverable and the foreign law firm in that case (instructing Maples & Calder) was found to have breached the criminal law (Dmitry Garkusha -v-Ashot Yegiazaryan & Others BVIHCMAP 2015/0015). Maples & Calder invited the Court 'to correct' its judgment under the slip rule, but the Court declined.
Recently, the Commercial Court clarified the position. A foreign legal practitioner or anyone else, wherever located, can assist a BVI legal practitioner by doing work under the ultimate supervision of a BVI legal practitioner who is ultimately responsible for the final work product. The focus at assessment should be what tasks were performed, not so much by whom or where, and whether the paying party should pay the receiving party for those tasks having regard to the CPR 65.2 considerations of reasonableness, proportionality and so forth. (Inna Gudavadze & others v Carlina Overseas Corporation & others BVIHC (Com) 2012/0011).
This is the most recent view of current BVI law by the Commercial Court. However, as there is a Court of Appeal judgment there is always the possibility that a different Commercial Court or Court of Appeal judge would take a different view.
Nicholas Brookes
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm