--(1) The general rule is that where rule 67.4 does not apply and a party is entitled to the costs of any proceedings those costs must be determined in accordance with Appendices B and C to this Part and paragraphs (2)-(4) of this rule.
--(2) In determining such costs, the "value" of the claim shall be decided-
----(a) in the case of a claimant, by the amount agreed or ordered to be paid; or
----(b) in the case of a defendant-
--------(i) by the amount claimed by the claimant in his claim form; or
--------(ii) if the claim is for damages and the claim form does not specify an amount that is claimed, by such sum as may be agreed between the party entitled to, and the party liable for, such costs or if not agreed, a sum stipulated by the court as the value of the claim; or
----(c) if the claim is not for a monetary sum, as if it were a claim for $50,000.00.
--(3) The general rule is that the amount of costs to be paid is to be calculated in accordance with the percentage specified in column 2 of Appendix B against the appropriate value.
--(4) The court may, however-
----(a) award a percentage only of such sum having taken into account the matters set out in rule 66.6(4), (5) and (6); or
----(b) order a party to pay costs-
--------(i) from or to a certain date; or
--------(ii) relating only to a certain distinct part of the proceedings,
in which case it must specify the percentage of the fixed costs which is to be paid by the party liable to pay such costs and in so doing may take into account the table set out in Appendix C.
Notes
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
Amended by Legal Notice 215 of 2011.
Amended by Legal Notice 140 of 2000.
It was held in Bryan St. Louis and Joseph Remy v. Lisa Ferreira and Edghill Messiah CV 2012-00790, applying earlier authorities, that sub-rule (2)(a) only applies where the Claimant is successful and sub-rule (2)(b) only applies when the Defendant is successful. It was further held in that case, also applying earlier authorities, that where the Claimant is successful and sub-rule (2)(a) applies, but no sum has been agreed between the parties, it is left for the court to determine the value of the claim. It was further held by the Court therein that the importance of the case and the complexity of the issues raised therein were relevant to the exercise of the Court's discretion in determining the value of the claim in these circumstances.
Back to Part (67. Costs - Quantification)
Previous Rule (67.4 Fixed costs)
Next Rule (67.6 Applications to determine value of a claim for the purpose of prescribed costs)