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 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
| Neutral Citation | [2026] CICA (Civ) 1 |
|---|---|
| Cause Number | CICA (CIVIL) APPEAL NO. 0025 OF 2024 |
| Court | Court of Appeal |
| Judgment Date | 2026-Feb-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 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 |
| Category | Civil |
| Filename (current) | CICACIV0025202402172026ISLANDPOOL.pdf |
| Source pipeline | csv |