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Judgment · jid 11704

Island Pools Limited v (1)The Summary Court of the Cayman Islands and 2 Others - Ruling on Costs

[2026] CICA (Civ) 1 · CICA (CIVIL) APPEAL NO. 0025 OF 2024 · 2026-Feb-17

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 magistrates ruling by a criminal defendant changes the applicable costs regime; arguments analogising to criminal appeals and protective costs orders; assessment of publicinterest and novelty factors; relevance of respondents being statefunded; recoverability of costs for salaried government counsel; authorities on inhouse legal cost recovery including Henderson v Merthyr Tydfil UDC and Re Eastwood; courts discretion whether to depart from ordinary rule; courts conclusion that appellant voluntarily chose civil JR route and must bear respondents costs

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