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June 2016 Security for Costs Civil Procedure Rules BRITISH VIRGIN ISLANDS COURT OF APPEAL CIVIL APPEAL – INTERLOCUTORY APPEAL – WHETHER SECURITY FOR COSTS OF APPEAL SHOULD BE GRANTED – WHETHER FEES PAID TO FOREIGN ATTORNEYS NOT ON THE ROLL OF ATTORNEYS AND PRACTISING BVI LAW ARE RECOVERABLE IN THE BVI This was an Application for security for costs of an Appeal which failed on the basis that the evidence did not show the Appellant was impecunious, nor that he did have the funds to satisfy a costs order. The Appellant, in resisting the Application for security for costs, used local attorneys and lawyers from a firm outside the BVI whose names were not entered on the Roll of Attorneys licenses to practice law in the BVI. In refusing to award costs incurred by the latter as a disbursement, the Court held that a person not registered on the Roll of Attorneys established under the Legal Profession Act, 2015 (“the Act”) committed an offence under the Act if he or she engaged in the practice of BVI law. This included practising as a legal practitioner or undertaking or performing the functions of a legal practitioner.

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Further, that a foreign lawyer who assisted local lawyers with the advice and conduct of a BVI matter must be regarded, as a matter of BVI law, as practicing BVI law and that such conduct was unlawful. The Court concluded that it must be presumed that the legislature intended to abrogate the practice of recovering the fees of overseas lawyers for such work as a disbursement. To continue reading full articles in PDF format.

WASHINGTON — As he prepares to hand over the reins of the Pentagon, Defense Secretary Chuck Hagel is warning that military power has its limits and Americans should avoid believing that force alone can transform conflict-riven societies in the Middle East and elsewhere. “It is easy to drift into other missions, and I do believe that you always have to ask the tough questions, [such as] what happens next?

Where do you want this to end up,” Hagel said in an interview with Stars and Stripes and Military Times. “Any secretary of defense has to always be on guard that we don’t inadvertently sometimes drift into a more accelerated use than we thought of what our military was going to be [doing] I think the two long wars that we were in the last 13 years is pretty clear evidence of how things can get out of control, and drift and wander.” Hagel’s warning came as the U.S. Military has returned to Iraq -- this time to help the Iraqi government defeat the Islamic State which has seized about a third of Iraq and Syria. Central Command is conducting an air campaign against the militants, and about 1,550 U.S. Troops have been sent to Iraq to train and advise government and Kurdish peshmerga forces. Another 800 troops are providing force protection.

President Barack Obama has ruled out using U.S. Combat troops to fight the insurgents and has placed a cap of 3,100 personnel on the number of U.S. Military forces deployed to Iraq.

Now a darker shadow has fallen over the world, threatening to extinguish all life–all hope.

But some members of Congress have urged the U.S. To play a more robust military role.

Meanwhile, about 10,600 U.S. Troops remain in Afghanistan to advise and assist Afghan forces even though the American combat role ended last month. Hagel’s caution about mission creep stems from his experience as a combat infantryman in Vietnam, where a U.S. Advisory role morphed into a long and divisive war involving at its height about a half million American servicemembers. “We’re products of our experiences, and we all come at our jobs being shaped by those experiences,” Hagel said. “The violence, the horrors, the suffering that I saw [in Vietnam] conditioned me.