BRITISH VIRGIN ISLANDS
COURT OF APPEAL (COMMERCIAL DIVISION)
COSTS – FREEZING ORDERS – RECUSAL ORDER -DOCUMENT RETENTION ORDER – INTERIM INJUNCTION – COURT TO DETERMINE WHICH PARTY SHOULD PAY COSTS AND QUANTUM – GUIDELINES FOR DETERMINING LIABILITY FOR COSTS – POWER OF COURT OF APPEAL TO DEPART FROM GENERAL RULE REGARDING COSTS OF APPEAL
The Court of Appeal confirmed its decision in Westford Special Situation Funds Ltd -v- Barfield Nominees HCVAP2010/0014 (22 September 2010 and 28 March 2011, unreported) that the costs of an appeal should be determined as assessed costs in accordance with Rule 69B.13 of the Civil Procedure Rules, 2000, and not prescribed costs under Rules 65.6 and 65.7 and Appendix B as stated in Rule 65.13(1). The requirement in Rule 69B.13 is, that after giving its decision on an application, in the absence of agreement between the parties, the Court must determine which party should pay the costs and the quantum of such costs.
Further, the Court of Appeal can depart from the general rule of awarding costs at the rate of two-thirds of the amount awarded in the lower court, if and as it sees fit.