Adam Solomon QC leading Nicholas Brookes of Ogier wins before the BVI Court of Appeal, in a decision handed down on 30 March 2020, dismissing the appeal against his client: Gany Holdings et al v Zorin Khan et al BVIHCMAP2018/0045. The judgment confirmed that fees of overseas practitioners incurred prior to the enactment of the BVI Legal Profession Act 2015 are not prohibited from being recovered. This is an important judgment, which has great significance for all litigators practicing in the BVI. An article addressing the issue by Ming-Yee Shiu can be found here (written before the outcome of the appeal was known).
The Court also overturned the fees of a costs draftsman incurred after the Act was introduced, finding that even this type of work is that of a BVI legal practitioner and therefore not open to recovery after the introduction of the Act.
The decision was handed down remotely by the Court of Appeal in adherence to current curfew rules in the BVI in light of the COVID-19 outbreak.
A copy of the judgment can be found here.
Adam was instructed by Nicholas Brookes of Ogier, BVI
