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Storca Intertrans. Corp and Another -v- Norvalo (Overseas) Limited and Others and 2015/0014 BVIHCMAP 2015/0013

April 2016 Costs Civil Procedure Rules Freezing Orders

BRITISH VIRGIN ISLANDS

COURT OF APPEAL (COMMERCIAL DIVISION)

COSTS - FREEZING ORDERS - RECUSAL ORDER -DOCUMENT RETENTION ORDER - INTERIM INJUNCTION - COURT TO DETERMINE WHICH PARTY SHOULD PAY COSTS AND QUANTUM - GUIDELINES FOR DETERMINING LIABILITY FOR COSTS - POWER OF COURT OF APPEAL TO DEPART FROM GENERAL RULE REGARDING COSTS OF APPEAL

The Court of Appeal confirmed its decision in Westford Special Situation Funds Ltd -v- Barfield Nominees HCVAP2010/0014 (22 September 2010 and 28 March 2011, unreported) that the costs of an appeal should be determined as assessed costs in accordance with Rule 69B.13 of the Civil Procedure Rules, 2000, and not prescribed costs under Rules 65.6 and 65.7 and Appendix B as stated in Rule 65.13(1). The requirement in Rule 69B.13 is, that after giving its decision on an application, in the absence of agreement between the parties, the Court must determine which party should pay the costs and the quantum of such costs.

Further, the Court of Appeal can depart from the general rule of awarding costs at the rate of two-thirds of the amount awarded in the lower court, if and as it sees fit.

 

To continue reading full articles in PDF format:
Storca Intertrans. Corp and Another -v- Norvalo (Overseas) Limited and Others and 2015/0014 BVIHCMAP 2015/0013

 

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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

Storca Intertrans. Corp and Another -v- Norvalo (Overseas) Limited and Others and 2015/0014 BVIHCMAP 2015/0013

13 April 2016

BRITISH VIRGIN ISLANDS

COURT OF APPEAL (COMMERCIAL DIVISION)

COSTS - FREEZING ORDERS - RECUSAL ORDER -DOCUMENT RETENTION ORDER - INTERIM INJUNCTION - COURT TO DETERMINE WHICH PARTY SHOULD PAY COSTS AND QUANTUM - GUIDELINES FOR DETERMINING LIABILITY FOR COSTS - POWER OF COURT OF APPEAL TO DEPART FROM GENERAL RULE REGARDING COSTS OF APPEAL

The Court of Appeal confirmed its decision in Westford Special Situation Funds Ltd -v- Barfield Nominees HCVAP2010/0014 (22 September 2010 and 28 March 2011, unreported) that the costs of an appeal should be determined as assessed costs in accordance with Rule 69B.13 of the Civil Procedure Rules, 2000, and not prescribed costs under Rules 65.6 and 65.7 and Appendix B as stated in Rule 65.13(1). The requirement in Rule 69B.13 is, that after giving its decision on an application, in the absence of agreement between the parties, the Court must determine which party should pay the costs and the quantum of such costs.

Further, the Court of Appeal can depart from the general rule of awarding costs at the rate of two-thirds of the amount awarded in the lower court, if and as it sees fit.

 

To continue reading full articles in PDF format:
Storca Intertrans. Corp and Another -v- Norvalo (Overseas) Limited and Others and 2015/0014 BVIHCMAP 2015/0013

 

 

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