Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal (Civil)) [2025] JCA 078 (1 April 2025)

Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal (Civil)) [2025] JCA 078 (1 April 2025)

The court held that while the general rule is not to award costs against unsuccessful applicants for leave in judicial review, the circumstances of this case—where Brittany Ferries' application was commercially motivated, not brought promptly, and the appeal involved a near full hearing on the merits—justified awarding standard costs to the Minister and DFDS for the appeal and set-aside application. There were no exceptional circumstances warranting indemnity costs. DFDS was entitled to a separate costs order due to its distinct contractual interest.

Citation
[2025] JCA 078
Parties
Appellant/respondent: Minister for Sustainable Economic Development; Respondent/cross Appellant: Bretagne Angleterre Irlande SA; Interested Party: DFDS A/S
Jurisdiction
Jersey
Judgment Date
01 April 2025
Procedural Posture
Judicial Review (appeal and Cross Appeal) / Costs Determination Following Judgment on Appeals and Cross Appeals
Outcome
Costs awarded against Brittany Ferries in favour of the Minister and DFDS on the standard basis for the appeal and set-aside application; no order as to costs for the Minister before the Royal Court; interim payment ordered.
Legal Topics
Judicial Review, Costs Orders, Leave to Appeal, Indemnity Costs, Standard Costs, Interveners' Costs
Administrative Law Civil Procedure Judicial Review Costs Orders Leave to Appeal Indemnity Costs Standard Costs Interveners' Costs

Case Brief

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Parties

Minister for Sustainable Economic Development

Appellant/respondent

Bretagne Angleterre Irlande SA

Respondent/cross Appellant

DFDS A/S

Interested Party

Procedural Posture

Judicial Review (appeal and Cross Appeal) / Costs Determination Following Judgment on Appeals and Cross Appeals

Legal Issues

  1. 1 Whether indemnity or standard costs should be awarded against Brittany Ferries in favour of the Minister and DFDS
  2. 2 Whether DFDS as an interested party is entitled to a separate costs order
  3. 3 Whether costs should be awarded for both the appeal and lower court proceedings

Ratio Decidendi

The court held that while the general rule is not to award costs against unsuccessful applicants for leave in judicial review, the circumstances of this case—where Brittany Ferries' application was commercially motivated, not brought promptly, and the appeal involved a near full hearing on the merits—justified awarding standard costs to the Minister and DFDS for the appeal and set-aside application. There were no exceptional circumstances warranting indemnity costs. DFDS was entitled to a separate costs order due to its distinct contractual interest.

Court Disposition

Costs awarded against Brittany Ferries in favour of the Minister and DFDS on the standard basis for the appeal and set-aside application; no order as to costs for the Minister before the Royal Court; interim payment ordered.

Orders

  • Brittany Ferries to pay the Minister's costs of the appeal on the standard basis, if not agreed.
  • No order as to the Minister's costs before the Royal Court.