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Former Deputy Police Commissioner Leslie Harper has lost in his bid to have former Prime Minister Edward Seaga pay increased costs in a slander case involving both men.
Mr. Harper had appealed to the UK based Privy Council to order Mr. Seaga to pay costs totalling more than $9.1 million and a second sum totalling over $11 million.
The claim arose over a case of slander brought by Mr. Harper against Mr. Seaga because of words spoken by Mr. Seaga in a speech in Kingston on October 2, 1996.
Mr. Harper recovered damages for slander from Mr. Seaga, then Opposition Leader.
The trial judge held that Mr. Seaga, the appellant, was not protected by qualified privilege and awarded $3.5 million in damages.
The Court of Appeal dismissed Mr. Seaga's appeal but reduced the award to $1.5 million.
Mr. Seaga then appealed to the Privy Council on the issue of liability, and on January 30, 2008 the Council advised that his appeal should be dismissed with costs on the standard basis.
But Mr. Harper submitted his own schedule of costs.
In considering the matter, the Privy Council took into account, among other things, that all bills of costs shall be taxed by the Council's Registrar, that the amount of costs which a party is entitled to recover shall be the amount allowed after taxation on the standard basis, costs will not be allowed which have been unreasonably incurred or are unreasonable in amount.
The Judicial Committee also considered other precedent setting cases.
For these reasons the Board ruled that the 43% success fee and the 43,000 pounds insurance premium Mr. Harper was claiming are not properly recoverable as part of the his costs in this appeal.
The total of Mr. Harper's claim was more than $20 million.
Mr. Harper had appealed to the UK based Privy Council to order Mr. Seaga to pay costs totalling more than $9.1 million and a second sum totalling over $11 million.
The claim arose over a case of slander brought by Mr. Harper against Mr. Seaga because of words spoken by Mr. Seaga in a speech in Kingston on October 2, 1996.
Mr. Harper recovered damages for slander from Mr. Seaga, then Opposition Leader.
The trial judge held that Mr. Seaga, the appellant, was not protected by qualified privilege and awarded $3.5 million in damages.
The Court of Appeal dismissed Mr. Seaga's appeal but reduced the award to $1.5 million.
Mr. Seaga then appealed to the Privy Council on the issue of liability, and on January 30, 2008 the Council advised that his appeal should be dismissed with costs on the standard basis.
But Mr. Harper submitted his own schedule of costs.
In considering the matter, the Privy Council took into account, among other things, that all bills of costs shall be taxed by the Council's Registrar, that the amount of costs which a party is entitled to recover shall be the amount allowed after taxation on the standard basis, costs will not be allowed which have been unreasonably incurred or are unreasonable in amount.
The Judicial Committee also considered other precedent setting cases.
For these reasons the Board ruled that the 43% success fee and the 43,000 pounds insurance premium Mr. Harper was claiming are not properly recoverable as part of the his costs in this appeal.
The total of Mr. Harper's claim was more than $20 million.