Barker -v- Jurats and Ors 28-Apr-2006 [2006] JCA 064 (28 April 2006)

Barker -v- Jurats and Ors 28-Apr-2006 [2006] JCA 064 (28 April 2006)

Mr Barker's repeated disregard for procedural rules, failure to comply with costs orders, and continued litigation without settling adverse costs constitutes abuse of process, justifying a stay of further applications pending payment of outstanding costs orders.

Citation
[2006] JCA 064
Parties
Plaintiff/appellant/respondent: James Barker; Defendants/respondents: Jurats Vint and Myles; Defendant/respondent: Advocate F. J. Benest; Defendant/respondent: Advocate M. C. Birt; Defendant/respondent: Advocate M. L. Sinel; Defendant/respondent: Advocate M. S. D. Yates; Defendant/respondent: Advocate S. C. Nicolle; Defendant/respondent: The Viscount; Defendant/respondent: P. De Gruchy; Defendant/respondent: Advocate M. C. St. J. Birt; Intervenor/respondent: Ann Street Brewery Company Limited; Defendant/respondent: Advocate A. P. Begg; Defendant/respondent: Jurat Mrs B. Myles; Defendant/respondent: Barclays Bank PLC; Plaintiff/appellant/respondent: St Aubin's Wine Bar; Defendant/respondent: States of Jersey Housing Committee
Jurisdiction
Jersey
Judgment Date
28 April 2006
Procedural Posture
Appeal / Application for Stay and Security for Costs Following Refusal of Leave to Appeal
Outcome
Application granted
Legal Topics
Abuse of Process, Security for Costs, Stay of Proceedings, Costs Orders
Civil Procedure Abuse of Process Security for Costs Stay of Proceedings Costs Orders

Case Brief

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Parties

James Barker

Plaintiff/appellant/respondent

Jurats Vint and Myles

Defendants/respondents

Advocate F. J. Benest

Defendant/respondent

Advocate M. C. Birt

Defendant/respondent

Advocate M. L. Sinel

Defendant/respondent

Advocate M. S. D. Yates

Defendant/respondent

Advocate S. C. Nicolle

Defendant/respondent

The Viscount

Defendant/respondent

P. De Gruchy

Defendant/respondent

Advocate M. C. St. J. Birt

Defendant/respondent

Ann Street Brewery Company Limited

Intervenor/respondent

Advocate A. P. Begg

Defendant/respondent

Jurat Mrs B. Myles

Defendant/respondent

Barclays Bank PLC

Defendant/respondent

St Aubin's Wine Bar

Plaintiff/appellant/respondent

States of Jersey Housing Committee

Defendant/respondent

Procedural Posture

Appeal / Application for Stay and Security for Costs Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether applications for security for costs and stay are premature
  2. 2 Whether special circumstances exist to justify security for costs
  3. 3 Whether conduct amounts to abuse of process

Ratio Decidendi

Mr Barker's repeated disregard for procedural rules, failure to comply with costs orders, and continued litigation without settling adverse costs constitutes abuse of process, justifying a stay of further applications pending payment of outstanding costs orders.

Court Disposition

Application granted

Orders

  • Stay of any further application for leave to appeal out of time pending payment of all outstanding costs orders in specified actions.
  • Mr Barker ordered to pay applicants' costs on the standard basis.