THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
A foreign lawyer may be called by way of limited admission to conduct a case in the Turks and Caicos Islands courts; however, they must have at least 15 years’ relevant experience of the practice of law, or they must be able to demonstrate particular expertise in the area of law with which the case is concerned. The Chief Justice may admit a person to practice for the purpose of the suit or matter concerned but not otherwise. Foreign lawyers require a work permit (usually a tem- porary one), the application for which would be made on their behalf by the local law firm that engages their services. Admission to the Bar is not required for work involving international commercial arbitration. There is no express prohibition or sanction relating to third-party funding. However, in cases where a third party is the real party interested in the litigation, it runs the risk that an adverse costs order may be made against it. There is also an absence of legal protection insurance and “after the event” insurance; as a result, all litigation is funded on a private client basis. 2.2 Third-Party Funding: Lawsuits In theory, all lawsuits are available for third-party fund- ing. However, it is really a matter between the litigant and potential funder as to whether the nature of the suit or the amount involved means third-party funding will be made available. 2.3 Third-Party Funding for Plaintiff and Defendant There are no specific rules concerning third-party funding. Therefore, in theory, it is equally available to plaintiffs and defendants. 2.4 Minimum and Maximum Amounts of Third-Party Funding As mentioned in 2.3 Third-Party Funding for Plaintiff and Defendant , there are no specific rules concerning third-party funding. As such, the amount of funding to 2. Litigation Funding 2.1 Third-Party Litigation Funding
be provided by a third party is a matter to be decided between the funder and the relevant litigant. 2.5 Types of Costs Considered Under Third- Party Funding In the absence of any legislation/rules, the matter of what costs a third-party funder will consider funding must be decided between the funder and the relevant litigant. 2.6 Contingency Fees Contingency Fee Arrangements Contingency fee arrangements (ie, agreements where- by the amount of the legal fees is contingent on the success of the claim and dependent on the value of the damages recovered) are unlawful at common law and thus not permissible in the Turks and Cai- cos Islands. A contract that breaches the rule against champerty and maintenance is against public policy and is therefore unenforceable in the Turks and Caicos Islands. Conditional Fee Agreements Conditional fee agreements have been commonplace in England and Wales since their statutory introduction in 1995. A conditional fee differs from a contingency fee in that the fee, while still only payable in the event of success, is calculated as a percentage uplift on the normal hourly charging rate (ie, it is independent of the amount of damages recovered). There is no equivalent legislation in the Turks and Caicos Islands, and conditional fee agreements are not present in the jurisdiction. Damage-Based Agreements Damage-based agreements (DBAs) are a form of con- tingency fee arrangement and are now available in England and Wales for most contentious work (other than criminal or most family matters) under relevant legislation. Again, there is no equivalent legislation in the Turks and Caicos Islands, and DBAs are not pre- sent in the jurisdiction. In the absence of any specific legislation or rules in the Turks and Caicos Islands to allow for any form of contingency fee, any arrangement that amounts to a contingency fee would offend the rule against cham- perty and maintenance, and would be unenforceable.
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