Dencarn Construction Ltd v Pierce

• Jurisdiction: Barbados
• Judge: Williams, P.J.
• Judgment Date: 07 October 1981
• Neutral Citation: BB 1981 HC 63
• Docket Number: No. 610 of 1980
• Date: 07 October 1981
• Court: High Court (Barbados)

High Court

Williams, J.

No. 610 of 1980

Dencarn Construction Ltd.

and

Pierce

Appearances:

Mr. J.S.B. Dear, Q.C., for the plaintiff in association with Mr. E.L. Bayley.

Mr. E.W. Barrow, Q.C., for the defendant in association with Mr. C.A. Phillips, Q.C. and Mrs. M. Boyce.

Practice and Procedure - Costs — Withdrawal of judge from case.

Williams, P.J.

1 On Friday last I heard argument on the question of costs. These are in the discretion of the court (see Order 49 rule 1) and this discretion must be exercised judicially.

2 As I indicated, my withdrawal from this case is the course I consider appropriate having regard to all the circumstances. Justice must not only be done but the litigants and the public most have confidence that it is being done.

3 Though my withdrawal from the case is a decision I have made of my own accord it is in my view relevant on the issue of costs to have regard to the circumstances which led...