Bhagwantee Singh-Weekes (as Legal Personal Representative of the Estate of Navin Singh) (Appellant) v South-West Regional Health Authority (Respondent) (Trinidad and Tobago)
Case ID: JCPC 2023/0116
Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue
Did the Court of Appeal err in not ordering that VAT be paid on the prescribed costs ordered to be paid in circumstances where the appellant's attorneys were registered for VAT but the appellant was not?
Facts
Appellant appeals part of the decision of the Court of Appeal dated 28 July 2023.
Appellant sued the respondent for damages for medical negligence arising out of the death of her sub. Quinlan-Williams J at first instance on 14 February found the respondent liable. Quinlan-Williams J awarded the appellant damages in the sum of $1,664,334.51.
Importantly, Quinlan-Williams J ordered the respondent pay the appellant prescribed costs in the amount of $142,216.73. "Prescribed costs" are one basis on which costs can be quantified under the Civil Proceedings Rules 1998.
The Appellant argued that Quinlan-Williams J erred in not ordering that VAT was to be paid on the prescribed costs order to be paid in circumstances where the Appellant's attorneys were registered for VAT and the Appellant was not.
The Court of Appeal affirmed the orders of Quinlan-Williams J subject to certain variations. Importantly for present purposes, it held that Quinlan-Williams J had been correct in not ordering that VAT was to be paid on the prescribed costs ordered to be paid, and dismissed that part of the appeal.
The Appellant now appeals to the Board with leave of the Court of Appeal.
Parties
Appellant
Bhagwantee Singh-Weekes (as Legal Personal Representative of the Estate of Navin Singh)
Respondent
South-West Regional Health Authority
Appeal
Justices
Lord Hodge, Lord Briggs, Lord Hamblen, Lady Rose, Lord Richards
Hearing start date
12 November 2024
Hearing finish date
12 November 2024
| Watch hearing | ||
|---|---|---|
| 12 November2024 | Morning session | |