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Judgment

Shervin Wood v Grace Wood - Ruling on Costs

D 0122/2007 · 2008-09-11

Costs determination; Discretion of the court; Conduct and settlement considerations

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In the Grand Court of the Cayman Islands — Civil Division
Cause No. D 0122/2007
Between
Shervin Wood
- v -
Grace Wood - Ruling on Costs
Before
Levers J
Judgment delivered 2008-09-11

IN THE GRAND COURT OF THE CAYMAN ISLANDS
MATRIMONIAL CAUSES REGISTRY

CAUSE NO: D122 of 2007

BETWEEN:

SHERVIN IRA WOOD
PETITIONER

AND

GRACE MARGARET WOOD
RESPONDENT

Appearances: Ms. Ailsa Williamson of Stuarts Walker Hersant for the Petitioner
Mr. James Kennedy of Samson & McGrath for the Respondent

Before: Hon. Justice Levers

Written Submissions

RULING ON COSTS

In this matter, the question of Costs has been addressed by both parties by way of written submissions. The questions of Costs is entirely a matter of the Court’s discretion but of course there are certain guiding principles (for example: - non-disclosure, delay, malicious conduct etc.). Mr. Kennedy has quite rightly highlighted these areas to the court in his submissions.

I do not believe that any of these guidelines are applicable to this case indeed if conduct, and the refusal to settle was to be taken into account (which it has not) it could be argued that Mr. Kennedy’s client may not fare too well.
Wife's claim for the only issue before me as I saw it was for the business and the issue of sole custody. I have made my order and see no reason to order costs against either party. The order is that there will be no order for costs.

Dated this 11th day of September, 2008

Levers, J.
Judge of the Grand Court

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