Island Pools Limited v (1)The Summary Court of the Cayman Islands and 2 Others - Ruling on Costs
Classification of proceedings as civil rather than criminal for costs purposes; application of GCR O.62 r.4(2) and (5) via Court of Appeal Rules r.28; principle that costs follow the event in civil appeals; whether judicial review of a magistrate’s ruling by a criminal defendant changes the applicable costs regime; arguments analogising to criminal appeals and protective costs orders; assessment of public‑interest and novelty factors; relevance of respondents being state‑funded; recoverability of costs for salaried government counsel; authorities on in‑house legal cost recovery including Henderson v Merthyr Tydfil UDC and Re Eastwood; court’s discretion whether to depart from ordinary rule; court’s conclusion that appellant voluntarily chose civil JR route and must bear respondents’ costs
| Neutral Citation | [2026] CICA (Civ) 1 |
|---|---|
| Cause Number | Civ App 0025/2024 |
| Court | CICA (Civ) |
| Judge | Beatson JA, Field JA, Goldring P |
| Parties | Island Pools Limited v (1)The Summary Court of the Cayman Islands and 2 Others - Ruling on Costs |
| Judgment Date | 2026-02-17 |
| Subject | Classification of proceedings as civil rather than criminal for costs purposes; application of GCR O.62 r.4(2) and (5) via Court of Appeal Rules r.28; principle that costs follow the event in civil appeals; whether judicial review of a magistrate’s ruling by a criminal defendant changes the applicable costs regime; arguments analogising to criminal appeals and protective costs orders; assessment of public‑interest and novelty factors; relevance of respondents being state‑funded; recoverability of costs for salaried government counsel; authorities on in‑house legal cost recovery including Henderson v Merthyr Tydfil UDC and Re Eastwood; court’s discretion whether to depart from ordinary rule; court’s conclusion that appellant voluntarily chose civil JR route and must bear respondents’ costs |
| Filename (current) | CICACIV0025202402172026ISLANDPOOL.pdf |
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