Several Millions to be paid in Costs
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On July 31, 2020, the CCJ issued its Orders in respect of costs in the matter of Mohammed Irfaan Ali and Bharrat Jagdeo Vs. Eslyn David and others. The Court ordered the following:
1. The Costs Order made by the Court of Appeal is set aside.
2. Costs are awarded in the Court of Appeal to Messrs Ali and Jagdeo to be paid by Ms.David certified fit for two counsel to be taxed in default of agreement.
3. Costs before the Caribbean Court of Justice are awarded to Messrs Ali and Jagdeo to be paid jointly and severally by the Attorney General, Ms. David and Mr. Harmon certified fit for two counsel to be taxed in default of agreement.
Technical jargons aside, this means that in respect of the Court of Appeal’s proceedings, Ms. David is to pay to Messrs Ali and Jagdeo, costs for two counsel to be taxed unless there is an agreement.
As regards the appeal to the CCJ, the Attorney General, Ms. David and Mr. Joseph Harmon must also pay costs for for two counsel unless there is an agreement.
There is unlikely to be an agreement.
Costs to be taxed “fit for two counsel” will require an elaborate Bill of Costs to be submitted to the Court which would include all of the expenses associated with the two appeals, including stationery, photocopies, filing fees, preparation of pleadings, preparation of written submissions, preparation for oral arguments and appearances in the court.
The photocopying costs alone for one of the two appeals approximated to G$500,000. The charge out rate for one counsel approximates to several hundred US dollars per hour. Whatever is the sum for each appeal it will doubled( for 2 counsel).
In short, several millions of dollars will have to be paid in costs by those against whom the Orders are directed. That is the cost of frivolous, vexatious and abusive litigation.
