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Offshore Cases

David R. Whiting -v- Torus Insurance (Bermuda) Limited [2015] SC (Bda) 17 Civ (6 March 2015)

March 2015 Costs

BERMUDA

SUPREME COURT

EX TEMPORE RULING ON COSTS – COSTS FOLLOW THE EVENT – REAL WORLD SUCCESS OF CLAIM – CONSIDERATION OF THE BACKGROUND TO THE LITIGATION

In this matter the Plaintiff, was awarded US$1909 out of a Claim for wrongful dismissal that was potentially worth just over US$300,000. The Plaintiff sought costs on the usual ‘costs follow the event’ basis. The Defendant contended that having regard to the ‘infinitesimal’ financial success that the Plaintiff achieved, the appropriate order should be no order as to costs.

In the present case, the Judge accepted that the starting assumption must be that the Plaintiff should be entitled to his costs. But, having regard to the authorities cited and looking at the huge disparity between the amount awarded and the amount originally claimed, stated that the Court was bound to find that in ‘real world’ terms the Plaintiff had not succeeded because this case was quintessentially a claim about money.

 

To continue reading full articles in PDF format:
David R. Whiting -v- Torus Insurance (Bermuda) Limited [2015] SC (Bda) 17 Civ (6 March 2015)

 

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