Article 2 Amendment of the Judicial Committee (General Appellate Jurisdiction) Rules

There shall be substituted for rule 75 of the Judicial Committee (General Appellate Jurisdiction) Rules the following rule—

“75

(1)

All bills of costs under the orders of the Judicial Committee shall be taxed by the Registrar, or such other person as the Judicial Committee may appoint.

(2)

The amount of costs which a party shall be entitled to recover shall be the amount allowed after taxation on the standard basis unless it appears to the Judicial Committee to be appropriate to order costs to be taxed on the indemnity basis or on the poor person scale.

(3)

On a taxation of costs on the standard basis there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the taxing officer may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party.

(4)

On a taxation on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the taxing officer may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party.

(5)

Council Office fees shall be regulated by the table set out in Schedule B to these Rules.”

In Schedule B to the said Rules Part I shall be revoked, and in Part II the words “Part II” shall be deleted.