Banks v Arch

• Jurisdiction: Cayman Islands
• Judge: (Sanderson, Ag. J.)
• Judgment Date: 12 July 2005
• Court: Grand Court (Cayman Islands)
• Date: 12 July 2005

Grand Court

(Sanderson, Ag. J.)

BANKS

and

R. ARCH and M. ARCH

Attorneys: Stuarts for the plaintiff; Broadhurst Barristers for the defendants.

Civil Procedure-costs-apportionment

Costs should normally be awarded to the successful party, even if its substantive award is minimal. In an appropriate case, however, the general rule may be varied. Where there has been divided success, one party being successful, to a slight extent, in the monetary award but unsuccessful on the majority of the issues that it raised which were significant in terms of their legal complexity, the time they consumed and the consequences for the parties, each party should bear its own costs.