Chartered accountant Kieron Pinard Byrne has asked Opposition Leader Lennox Linton, to agree to pay an additional EC$340, 926. 39 towards costs, with respect to the lawsuit that he had filed and won against him.
Linton and Pinard-Byrne have been engaged in a defamation suit since 2002, with respect to statements made pertaining to Pinard-Byrne in connection with the Layou River Hotel project.
Mr Pinard-Byrne won at the High Court of Justice in Dominica but Mr Linton appealed to the Eastern Caribbean Court of Appeal and won. Mr Pinard-Byrne then appealed to the Privy Council, which was at the time Dominica’s final appellate court, and won his appeal in October 2015.
In January 2016, the Privy Council ordered Linton to pay Mr Pinard-Byrne twenty thousand pounds toward his costs before the Judicial Committee of the Privy Council. Linton made that payment in February 2016.
In addition to this twenty thousand pounds, Linton had to pay Pinard-Byrne’s costs before the Judicial Committee and in the Court of Appeal of the Eastern Caribbean Supreme Court (Commonwealth of Dominica). These two payments are to be assessed on the standard basis, if not agreed between both parties.
Mr Pinard-Byrne’s attorneys, DeFreitas, DeFreitas & Johnson wrote to Mr Linton on Thursday 21 April 2016 indicating their client’s costs before the Privy Council and Eastern Caribbean Supreme Court, in keeping with the court order.
Mr Pinard Byrne said the order required a process whereby he would submit to his legal counsel, the costs of his appeal before the Privy Council, and the cost incurred in the Eastern Caribbean Supreme Court, both with respect to Linton’s appeal there, and his leave to appeal to the Privy Council.
This cost has amounted to three hundred and forty thousand, nine hundred and twenty-six thousand EC dollars and thirty-nine cents ($340, 926. 39), and Mr Linton’s payment of £20,000 earlier this year will be deducted from it.
Pinard-Byrne’s cost submitted to Linton by letter dated 21st April 2016 is as follows:
KPB costs before the Judicial Committee of the Privy Council
Anthony W. Astaphan SC – EC$28, 750.00
Simon Murihead & Burton (PC Agent) Fees & expenses Inc. Adam Speker EC$177, 503.19
De Freitas, de Freitas & Johnson disbursements EC$3, 424.30
Cost before the Judicial Committee of the Privy Council EC$209, 677.49
KPB costs in Court of Appeal of the Eastern Caribbean Supreme Court DOM HCVAP 2011/0017
Anthony W. Astaphan SC EC$50, 000.00
De Freitas, de Freitas & Johnson EC$33, 333.00
Leave to appeal to Judicial Committee of the Privy Council
Anthony W Astaphan SC EC$28, 750.00
DeFreitas, DeFreitas & Johnson EC$19, 165.90
Costs before Eastern Caribbean Supreme Court: EC$131, 248.90
Total amount of cost breakdown EC$340, 926. 39
Pinard-Byrne says “It is now up to him to agree to pay those costs less the £20,000 Sterling he has already paid”.
Linton now has until Thursday 28th April 2016 to agree to pay those costs.
Pinard-Byrne indicated that Linton can do so, if he has the money. But if he fails to indicate and confirm his agreement to pay those costs, then he will revert back to the Privy Council, and they will take it from there by way of court order.
Meanwhile, Linton has already paid damages of $50, 000.00, prescribed costs of $14,000.00, and interest amounting to $15,324.86, being a total sum of $79,324.86 from the High Court of Justice’s judgement in 2011 in January 2016.
This cost of EC$340, 926. 39 less £20,000 represents the final payment towards the costs arising from this defamation lawsuit.
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