JFSC -v- Black [2013] JRC 040A (21 February 2013)

JFSC -v- Black [2013] JRC 040A (21 February 2013)

The respondents' failure to comply with court orders and participate in proceedings justified the summary award of wasted costs. The public-interest status of the Commission was a proper consideration in the exercise of costs discretion. Late submissions by respondents were not credible and were rejected.

Citation
[2013] JRC 040A
Parties
Representor: Jersey Financial Services Commission; First Respondent: A. P. Black (Jersey) Limited; Third Respondent: Mr. Black; Fifth Respondent: A. P. Black Limited
Jurisdiction
Jersey
Judgment Date
21 February 2013
Procedural Posture
Costs Proceedings Following Discontinuance / Final Determination of Costs and Orders
Outcome
Costs awarded in favour of the Representor against First, Third and Fifth Respondents
Legal Topics
Costs Orders, Public Interest Litigation, Discontinuance of Proceedings, Security for Costs
Civil Procedure Costs Costs Orders Public Interest Litigation Discontinuance of Proceedings Security for Costs

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Parties

Jersey Financial Services Commission

Representor

A. P. Black (Jersey) Limited

First Respondent

Mr. Black

Third Respondent

A. P. Black Limited

Fifth Respondent

Procedural Posture

Costs Proceedings Following Discontinuance / Final Determination of Costs and Orders

Legal Issues

  1. 1 Whether public-interest status of the Representor is a proper consideration in costs discretion
  2. 2 Whether wasted costs should be awarded against respondents for non-compliance and lack of participation
  3. 3 Whether late submissions by respondents should be admitted

Ratio Decidendi

The respondents' failure to comply with court orders and participate in proceedings justified the summary award of wasted costs. The public-interest status of the Commission was a proper consideration in the exercise of costs discretion. Late submissions by respondents were not credible and were rejected.

Court Disposition

Costs awarded in favour of the Representor against First, Third and Fifth Respondents

Orders

  • Summary award of costs in the amount of £60,000 against A. P. Black (Jersey) Limited, Mr. Black and A. P. Black Limited
  • Liberty to the Commission to apply for further orders for enforcement if necessary