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)