Minister for P and E v Yates and Regs Skips [2008] JCA 203 (27 November 2008)

Minister for P and E v Yates and Regs Skips [2008] JCA 203 (27 November 2008)

The Minister for Planning and Environment had no sufficient causal connection with the institution or conduct of the proceedings to justify a costs order against him as a non-party. The grant of planning permission, even if ambiguous or unenforceable, did not directly cause the litigation, and public policy considerations under Article 19(7) preclude such liability. The Royal Court erred in convening the Minister and making a costs order without proper basis.

Citation
[2008] JCA 203
Parties
Appellant/party Convened: The Minister for Planning and Environment; First Respondent/plaintiff: Marc Silvanus Dorey Yates; First Respondent/plaintiff: Michaela Yates nee Van Neste; Second Respondent/defendant: Reg's Skips Limited
Jurisdiction
Jersey
Judgment Date
27 November 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; orders against the Minister quashed.
Legal Topics
Non Party Costs Orders, Planning Permission Liability, Voisinage (neighbour Law), Noise Nuisance, Jurisdiction for Costs, Causation in Costs Liability
Civil Procedure Planning Law Environmental Law Non Party Costs Orders Planning Permission Liability Voisinage (neighbour Law) Noise Nuisance Jurisdiction for Costs +1 more

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Parties

The Minister for Planning and Environment

Appellant/party Convened

Marc Silvanus Dorey Yates

First Respondent/plaintiff

Michaela Yates nee Van Neste

First Respondent/plaintiff

Reg's Skips Limited

Second Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Minister for Planning and Environment can be liable for costs as a non-party under Article 2 of the Civil Proceedings (Jersey) Law 1956
  2. 2 Whether there was sufficient causal connection between the Minister's actions and the litigation to justify a costs order
  3. 3 Whether the Royal Court erred in convening the Minister and making findings without affording him an opportunity to be heard

Ratio Decidendi

The Minister for Planning and Environment had no sufficient causal connection with the institution or conduct of the proceedings to justify a costs order against him as a non-party. The grant of planning permission, even if ambiguous or unenforceable, did not directly cause the litigation, and public policy considerations under Article 19(7) preclude such liability. The Royal Court erred in convening the Minister and making a costs order without proper basis.

Court Disposition

Appeal allowed; orders against the Minister quashed.

Orders

  • Order of 3 June 2008 requiring the Minister to contribute to costs is quashed.
  • Order of 20 December 2007 convening the Minister is quashed.