R v Immigration Bd, ex p Kirk Freeport Plaza Ltd
| Jurisdiction | Cayman Islands |
| Judge | Smellie, J. |
| Judgment Date | 19 December 1996 |
| Court | Grand Court (Cayman Islands) |
| Date | 19 December 1996 |
Smellie, J.
Attorneys: Orren Merren & Co. for the first applicant; Bruce Campbell & Co. for the second applicant; Government Legal Dept. for the respondent.
CIVIL PROCEDURE
COSTS-apportionment
If an order in favour of the successful party in litigation falls short of the relief sought, costs may, in exceptional circumstances, be apportioned between the parties to reflect the expense to the unsuccessful party of defending unproductive arguments. Three guiding principles in the award of costs are: (a) the institution of proceedings must be merited; (b) for the purpose of identifying ‘the event’ which costs are to follow, the party obtaining a positive order is the successful party and therefore prima facie entitled to his costs; and (c) assessment should not be by reference to the time and effort of preparing and presenting arguments, but may take into account an increase in the complexity and duration of proceedings due to poorly joined and framed issues.
Smellie, J.
Attorneys: Orren Merren & Co. for the first applicant; Bruce Campbell & Co. for the second applicant; Government Legal Dept. for the respondent.
CIVIL PROCEDURE
COSTS-apportionment
If an order in favour of the successful party in litigation falls short of the relief sought, costs may, in exceptional circumstances, be apportioned between the parties to reflect the expense to the unsuccessful party of defending unproductive arguments. Three guiding principles in the award of costs are: (a) the institution of proceedings must be merited; (b) for the purpose of identifying ‘the event’ which costs are...
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AXIS International Ltd v The Civil Aviation Authority of the Cayman Islands (CAACI)
...on 14 th June 2013 citing Re Elgindata Ltd. (No 2) [1993] 1 All E.R. 232 and R v Immigration Board, Ex.p. Kirk Freeport Plc Ltd. 1996 CILR Note 1. 33 . Otherwise than in respect of the issues raised in the preliminary objections, CIHL will be entitled to its costs which are to be taxed if ......
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