Guide

Non-party costs in Cayman: the real loser must pay

The Grand Court has confirmed that, like the English Courts, it can vary the usual "loser pays" costs rule and order a third party, who is not a named party in the litigation but who has forced the issue of litigation for its own improper benefit, to pay some or all of the costs incurred.

Mr Justice McMillan has provided useful commentary on the purpose and scope of the Cayman costs regime generally. This is a prime example of improper conduct and an abuse of process being castigated through the exercise of the Grand Court's discretion in costs.