Chartered Accountant, Kieron Pinard-Byrne, has said his attorneys have returned to the London-based Privy Council after Opposition Leader, Lennox Linton, failed to agree on a cost of court order in long-running defamation matter between them.
Last week Pinard-Byrne wrote to Linton demanding $340,926. 39 in court costs in the matter which started in the local courts and went all the way Privy Council.
Linton was given an April 18 deadline to respond but Pinard-Byrne, in a live interview on state-owned DBS Radio on Friday morning, said Linton had not agreed.
“As of yesterday, Mr. Linton had not agreed to my cost …” he stated, pointing out that he has been on a 14-year quest to bring closure to the matter. “That means my lawyers have now returned to the Privy Council to submit full details of those costs.
He noted that when the Privy Council made its judgement on the matter in October 2015, it said he was entitled to his costs.
“In January, they set out a process for those costs to be agreed by Mr. Linton and required him in the meantime to make a payment of 20,000 pounds sterling on account,” Pinard-Byrne explained. “He did do that but as of yesterday, the deadline, he had failed to agree to my cost.”
He stated that another process is underway where there will be an assessment process under the Judicial Committee of the Privy Council.
“In due course, they will issue an order demanding that Mr. Linton pay my cost including cost of this application for the assessment of costs,” he said.
Linton has already made it clear that he will dispute the bill of costs submitted by Pinard-Byrne, saying as the respondent, he has the right to react or disagree.
He stated that the costs before the Privy Council are to be assessed by the Cost Clerk of the Privy Council if the parties do not agree on costs. He noted that after the assessment has been made, it is the court, not Pinard-Byrne or his attorneys, that will decide the balance to be paid after the February payment on account of 20,000 pounds.
Last year the Privy Council ruled that Linton had libeled Pinard-Byrne is a matter that goes back to 2002.
Below is a breakdown of court costs as demanded by Pinard-Byrne:
Pinard-Byrne 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
Pinard-Byrne 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 – $EC33, 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 – EC$340, 926. 39