JFSC v Black and Others [2007] JRC 118 (19 June 2007)

JFSC v Black and Others [2007] JRC 118 (19 June 2007)

Leave to appeal is granted, limited to the issue of whether and to what extent the public-interest function of a litigating body is a proper consideration in costs orders, subject to conditions including possible security for costs. Leave is refused on all other grounds. The costs of the applications relating to the limited issue will be costs in the appeal; otherwise, the Commission's costs are to be paid by the Black Respondents and Mrs. Black.

Citation
[2007] JRC 118
Parties
Representor: The Commission; First Respondent: Blacks Jersey; Third Respondent: Mr. Black; Fifth Respondent: Blacks London; Applicant/respondent: Mrs. Black
Jurisdiction
Jersey
Judgment Date
19 June 2007
Procedural Posture
Application for Leave to Appeal (costs Rulings) / Post Judgment, Application for Leave to Appeal
Outcome
Leave to appeal granted on a limited point, subject to conditions; leave refused on all other grounds; costs orders made accordingly; application to release frozen funds refused.
Legal Topics
Discontinuance of Proceedings, Costs Orders, Public Interest Litigation, Security for Costs, Leave to Appeal
Civil Procedure Costs Discontinuance of Proceedings Costs Orders Public Interest Litigation Security for Costs Leave to Appeal

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Parties

The Commission

Representor

Blacks Jersey

First Respondent

Mr. Black

Third Respondent

Blacks London

Fifth Respondent

Mrs. Black

Applicant/respondent

Procedural Posture

Application for Leave to Appeal (costs Rulings) / Post Judgment, Application for Leave to Appeal

Legal Issues

  1. 1 Whether the public-interest nature of a litigating body is a proper consideration in exercising discretion on costs orders, particularly on discontinuance
  2. 2 Whether leave to appeal should be granted on the costs orders made in favour of the Commission and against the Black Respondents and Mrs. Black
  3. 3 Whether security for costs should be a condition of leave to appeal

Ratio Decidendi

Leave to appeal is granted, limited to the issue of whether and to what extent the public-interest function of a litigating body is a proper consideration in costs orders, subject to conditions including possible security for costs. Leave is refused on all other grounds. The costs of the applications relating to the limited issue will be costs in the appeal; otherwise, the Commission's costs are to be paid by the Black Respondents and Mrs. Black.

Court Disposition

Leave to appeal granted on a limited point, subject to conditions; leave refused on all other grounds; costs orders made accordingly; application to release frozen funds refused.

Orders

  • Leave to appeal granted to Mr. Black, Blacks Jersey, Blacks London, and Mrs. Black, limited to the issue of public-interest consideration in costs, subject to further directions on security for costs.
  • Leave to appeal on all other grounds refused.