2-Jun-08
START DATE
END DATE
5-Jun-08
Wendell Malcolm Hollis and Joseph C.H. Johnson v. Alexander Scrymgeour
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal for Bermuda
Civil Law
Hon. Geoffrey R. Bell
Andrew Martin
John Milligan-Whyte
FACTS OF THE CASE:
Matter involves appeals from registrar's decisions on costs for a trial and an appeal relating to the Interior Trust and Last Will and Testament of John A. Scrymgeour. Appeals were about the refusal to tax a bill of costs for trial and appeal with a wasted costs application against Mr. Milligan-Whyte for filing a bill of costs without an order. Registrar had refused to tax bills due to no costs order for trial and lateness. Court ruled that the appeal concerning refusal to tax bill for appeal costs was allowed directing taxation in accordance with the rules. However the appeal regarding the trial costs was dismissed agreeing with registrar's refusal based on absence of a costs order. Wasted costs order was made against Mr. Milligan-Whyte for acting improperly by filing and seeking to tax a bill without a valid order causing unnecessary costs to the appellants.
SUMMARY:
Defendant
OUTCOMES:
RULED IN FAVOUR OF:
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Wendell Malcolm Hollis and Joseph C.H. Johnson v. Alexander Scrymgeour
Matter involves appeals from registrar's decisions on costs for a trial and an appeal relating to the Interior Trust and Last Will and Testament of John A. Scrymgeour. Appeals were about the refusal to tax a bill of costs for trial and appeal with a wasted costs application against Mr. Milligan-Whyte for filing a bill of costs without an order. Registrar had refused to tax bills due to no costs order for trial and lateness. Court ruled that the appeal concerning refusal to tax bill for appeal costs was allowed directing taxation in accordance with the rules. However the appeal regarding the trial costs was dismissed agreeing with registrar's refusal based on absence of a costs order. Wasted costs order was made against Mr. Milligan-Whyte for acting improperly by filing and seeking to tax a bill without a valid order causing unnecessary costs to the appellants.