Simmonds v France

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Williams, J.
• Judgment Date: 27 November 1989
• Neutral Citation: KN 1989 HC 4
• Docket Number: No. 34 of 1984.
• Date: 27 November 1989

Court of Appeal

Williams, J.

No. 34 of 1984.

Simmonds

and

France

Appearances:

Fitzroy Bryant for the first named defendant/appellant and in person for himself holding papers for Lee Moore, Claudette Jenkins with him.

Terence Byron for the plaintiff/respondent Lillian Benjamin with him.

Costs - Taxation — Principles on which review will be undertaken.

Williams, J.

1 This is a summons to review a taxation carried out by taxing master in January and February, 1989. The application is made under rule 33 of Order 62.

2 The original bill of costs of the plaintiff was filed on 14th June, 1988 and it included 296 items. By a consent order dated 12th March, 1987 the items in dispute which amounted to 37 in number were referred to the taxing master for review. It is that review that I am now being asked to consider.

3 Mr. Bryant conceded that this was a special case in accordance with rule 30(2) of Order 62 but contended that in spite of that the amounts allowed with respect to certain items were excessive. Further that with regard to the items numbered 4, 8, 10, 12, 14, 16 18, 20, 22, 24, 31 and 33 it was not justifiable for the taxing master to allow costs to senior as well as junior counsel. Mr. Byron outlined the principles on which the court acts in dealing with matters of this nature and he referred to Halsbury's Laws of England Third Edition Volume 30 paragraph 821 which reads thus:–

“Principles followed by the court. The court does not, as a general rule interfere with the decision of the taxing master on a question of fact or amount (t), and it is his duty to inquire whether the work was required to be done,(u), and he...