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June 14 2013

START DATE

END DATE

June 14 2013

KATE THOMSON v. JAMES THOMSON and COLONIAL INSURANCE COMPANY LIMITED

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

CIVIL JURISDICTION

IAN R. C. KAWALEY

Paul Harshaw Canterbury Law Limited

Jai Pachai Wakefield Quin Limited; Craig Rothwell Cox Hallett Wilkinson Limited

FACTS OF THE CASE:

Dispute over costs following insurance defense rejection accusations of drink driving against 1st Defendant found untrue but largely irrelevant to case outcome

SUMMARY:

Whether 1st Defendant should be awarded costs despite giving untruthful evidence impact of without prejudice offer on costs decision application of costs principles

OUTCOMES:

1st Defendant awarded 90% of costs marking disapproval of inaccurate evidence

RULED IN FAVOUR OF:

1st Defendant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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KATE THOMSON v. JAMES THOMSON and COLONIAL INSURANCE COMPANY LIMITED

Dispute over costs following insurance defense rejection accusations of drink driving against 1st Defendant found untrue but largely irrelevant to case outcome

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