PD-2011-01 - Practice Direction No 1 of 2011- Guidelines Relating to the Taxation of Costs (SL 9 of 2011)
Spentdated 23rd May, 2011.
PRACTICE DIRECTION No 1/2011
CDM/999999/21079080v1 PRACTICE DIRECTION No 1/2011 (GCR O. 1, r. 12) GUIDELINES RELATING TO THE TAXATION OF COSTS (GCR O.62, r.16)
This Practice Direction concerns taxation of costs on the standard basis in respect of work carried out by attorneys on or after 1 June 2011, and in respect of such work paragraph 7.3 of Practice Direction No 1 of 2001 shall no longer apply. In respect of taxation of costs on the standard basis in respect of work carried out by attorneys before 1 June 2011 paragraph 7.3 of Practice Direction No 1 of 2001 shall continue to apply. Save for the amendments effected by paragraph 1 of this Practice Direction, Practice Direction No 1 of 2001 shall continue to apply. The hourly rates to be applied will continue to be determined on the basis of the postqualification experience of the person engaged as follows: Civil Division and Family Division More than 20 years Up to CI$443 or US$540 Between 15 and 20 years Up to CI$426 or US$520 Between 10 and 15 years Up to CI$361 or US$440 Between 5 and 10 years Up to CI$308 or US$375 Fewer than 5 years Up to CI$230 or US$280 Articled Clerks and Paralegals Up to CI$156 or US$190 Financial Services Division and Admiralty Division More than 20 years Up to CI$738 or US$900 Between 15 and 20 years Up to CI$705 or US$860 Between 10 and 15 years Up to CI$599 or US$730 Between 5 and 10 years Up to CI$513 or US$625 Fewer than 5 years Up to CI$377 or US$460 Articled Clerks and Paralegals Up to CI$262 or US$320 In each case these are maximum rates. If in any proceedings, or part of proceedings, in the Civil Division or in the Family Division the judge is satisfied that the proceedings, or that part of the proceedings, were unusually important or unusually complex, he may certify that with respect to any one or more of the persons engaged the maximum allowable rates shall be those applicable in the Financial
Services Division. In any proceedings in any Division the taxing officer may, in the exercise of his discretion, determine that rates lower than the maximum rates are appropriate in any particular case. The number of years post-qualification experience for attorneys shall be reckoned from the date upon which the attorney was first admitted to practice as an attorney in the Cayman Islands or as a professional legal adviser elsewhere, whichever is the earlier. Queen's Counsel shall be treated as attorneys having more than 20 years post-qualification experience.
Issued by the Rules Committee on the 14 of April 2011
The Hon. Anthony Smellie, Q.C., Chief Justice The Hon. Samuel Bulgin, Q.C., Attorney General Graham Ritchie, Q.C., Legal Practitioner Colin D. McKie, Legal Practitioner