MacFirbhisigh and Ching -v- CI Trustees and Others [2016] JRC 156 (07 September 2016)

MacFirbhisigh and Ching -v- CI Trustees and Others [2016] JRC 156 (07 September 2016)

The court has jurisdiction to order a payment on account of costs after a costs order and before taxation is complete, even if the application is not made to the trial judge, provided the amount is assessed conservatively to avoid overpayment. The principle that a successful party should not be kept out of its money justifies such an order.

Citation
[2016] JRC 156
Parties
Plaintiffs: MacFirbhisigh and Ching; Defendants: CI Trustees and Executors & Ors
Jurisdiction
Jersey
Judgment Date
07 September 2016
Procedural Posture
Costs Application / Post Judgment, Application for Payment on Account of Costs
Outcome
Application granted
Legal Topics
Interim Payment on Account of Costs, Indemnity Costs, Taxation of Costs, Jurisdiction to Order Interim Payment
Civil Procedure Costs Interim Payment on Account of Costs Indemnity Costs Taxation of Costs Jurisdiction to Order Interim Payment

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Parties

MacFirbhisigh and Ching

Plaintiffs

CI Trustees and Executors & Ors

Defendants

Procedural Posture

Costs Application / Post Judgment, Application for Payment on Account of Costs

Legal Issues

  1. 1 Whether the court has jurisdiction to order a payment on account of costs after a costs order has been made and before taxation is complete
  2. 2 Whether such an order can be made by a judge other than the trial judge
  3. 3 What amount is appropriate for a payment on account of costs

Ratio Decidendi

The court has jurisdiction to order a payment on account of costs after a costs order and before taxation is complete, even if the application is not made to the trial judge, provided the amount is assessed conservatively to avoid overpayment. The principle that a successful party should not be kept out of its money justifies such an order.

Court Disposition

Application granted

Orders

  • Defendants to receive a payment on account of costs in the sum of £230,000 forthwith
  • Defendants to recover the costs of and occasioned by the present application on the standard basis, such costs to be summarily assessed