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Dawn Emberson Bain -v- Tortola Investment Trust Limited Bvihcvap 2014/001 (May 2015)

May 2015 Costs

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - ASSESSMENT OF COSTS - RULE 65.12 OF THE CIVIL PROCEDURE RULES, 2000 - WHETHER LEARNED MASTER ERRED IN ASSESSING COSTS WHERE THERE WAS NO ADEQUATE MATERIAL OR ITEMISED BILL OF COSTS - WHETHER LEARNED MASTER ERRED IN APPLYING ENGLISH HIGH COURT CASE TO ASSESSMENT OF COSTS UNDER CPR 65.12 - WHETHER LEARNED MASTER ERRED IN AWARDING REFRESHER FEES TO COUNSEL

This Appeal arose out of the decision of the Learned Master to assess costs, although the bill of costs was found to be deficient, and to do so, based on the test formulated in the English High Court case of Simpsons Motors Sales (London) Ltd. -v- Hendon Corporation (No 2).

Allowing the Appeal the Court of Appeal held that Rule 65.12 of the Civil Procedure Rules, 2000 (“CPR”) required that an application for assessment of costs must be accompanied by a bill of costs or other document showing the sum in which the Court is being asked to assess the costs and how such sum was calculated. The Learned Master, having found that the bill of costs was deficient, should have complied with CPR 65.12(5) and not assessed the costs, but fixed a date, time and place for the assessment to have taken place and by failing to do so the Learned Master was wrong to exercise his discretion and to assess costs.

 

To continue reading full articles in PDF format:
Dawn Emberson Bain -v- Tortola Investment Trust Limited Bvihcvap 2014/001 (May 2015)

 

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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

Dawn Emberson Bain -v- Tortola Investment Trust Limited Bvihcvap 2014/001 (May 2015)

20 May 2015

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - ASSESSMENT OF COSTS - RULE 65.12 OF THE CIVIL PROCEDURE RULES, 2000 - WHETHER LEARNED MASTER ERRED IN ASSESSING COSTS WHERE THERE WAS NO ADEQUATE MATERIAL OR ITEMISED BILL OF COSTS - WHETHER LEARNED MASTER ERRED IN APPLYING ENGLISH HIGH COURT CASE TO ASSESSMENT OF COSTS UNDER CPR 65.12 - WHETHER LEARNED MASTER ERRED IN AWARDING REFRESHER FEES TO COUNSEL

This Appeal arose out of the decision of the Learned Master to assess costs, although the bill of costs was found to be deficient, and to do so, based on the test formulated in the English High Court case of Simpsons Motors Sales (London) Ltd. -v- Hendon Corporation (No 2).

Allowing the Appeal the Court of Appeal held that Rule 65.12 of the Civil Procedure Rules, 2000 (“CPR”) required that an application for assessment of costs must be accompanied by a bill of costs or other document showing the sum in which the Court is being asked to assess the costs and how such sum was calculated. The Learned Master, having found that the bill of costs was deficient, should have complied with CPR 65.12(5) and not assessed the costs, but fixed a date, time and place for the assessment to have taken place and by failing to do so the Learned Master was wrong to exercise his discretion and to assess costs.

 

To continue reading full articles in PDF format:
Dawn Emberson Bain -v- Tortola Investment Trust Limited Bvihcvap 2014/001 (May 2015)

 

 

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