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Offshore Cases

(1) Stifton Salle Modulable (2) Rütli-Stiftung -v- Butterfield Trust (Bermuda) Limited [2014] SC (Bda) CIV 42 (28 May 2014)

May 2014 Costs

BERMUDA

SUPREME COURT

STAY PENDING APPEAL - RULING ON COSTS AND TERMS OF FINAL ORDER – INDEMNITY COSTS - MISCONDUCT - RETURN OF MONIES HELD AS SECURITY FOR COSTS

This ruling followed on from a five-week trial that concluded in December 2013. The matter was listed to enable the parties to consider what conditions should be attached to a stay pending appeal (which it was common ground that the Defendant was entitled to seek) and, in particular, to hear submissions on costs.

In considering costs, the Judge held that the Plaintiffs had achieved substantial success in their claim and should be awarded their costs. The Judge considered the dictum of Devlin J in Anglo-Cyprian Trade Agencies Ltd -v- Paphos Wine Industries Ltd. [1951] 1 All ER 873 at 874, cited with approval by Hellman J in Williams -v- Bermuda Hospitals Board [2013] Bda LR 14 which set out that: (1) A successful Plaintiff ought not to be deprived of costs unless he is found to be guilty of misconduct; and (2) A plaintiff who recovers nominal damages ought not to be regarded in the ordinary sense as ‘successful’. In considering this test, the Judge held that the success of the Plaintiff was more than ‘pyrrhic’ and they should be awarded their costs.

 

To continue reading full articles in PDF format:
(1) Stifton Salle Modulable (2) Rütli-Stiftung -v- Butterfield Trust (Bermuda) Limited [2014] SC (Bda) CIV 42 (28 May 2014)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

(1) Stifton Salle Modulable (2) Rütli-Stiftung -v- Butterfield Trust (Bermuda) Limited [2014] SC (Bda) CIV 42 (28 May 2014)

18 May 2014

BERMUDA

SUPREME COURT

STAY PENDING APPEAL - RULING ON COSTS AND TERMS OF FINAL ORDER – INDEMNITY COSTS - MISCONDUCT - RETURN OF MONIES HELD AS SECURITY FOR COSTS

This ruling followed on from a five-week trial that concluded in December 2013. The matter was listed to enable the parties to consider what conditions should be attached to a stay pending appeal (which it was common ground that the Defendant was entitled to seek) and, in particular, to hear submissions on costs.

In considering costs, the Judge held that the Plaintiffs had achieved substantial success in their claim and should be awarded their costs. The Judge considered the dictum of Devlin J in Anglo-Cyprian Trade Agencies Ltd -v- Paphos Wine Industries Ltd. [1951] 1 All ER 873 at 874, cited with approval by Hellman J in Williams -v- Bermuda Hospitals Board [2013] Bda LR 14 which set out that: (1) A successful Plaintiff ought not to be deprived of costs unless he is found to be guilty of misconduct; and (2) A plaintiff who recovers nominal damages ought not to be regarded in the ordinary sense as ‘successful’. In considering this test, the Judge held that the success of the Plaintiff was more than ‘pyrrhic’ and they should be awarded their costs.

 

To continue reading full articles in PDF format:
(1) Stifton Salle Modulable (2) Rütli-Stiftung -v- Butterfield Trust (Bermuda) Limited [2014] SC (Bda) CIV 42 (28 May 2014)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com