Jersey Judgment

Abdel Rahman v Chase Bank [1993] JLR 156 (28 July 1993)

Civil Procedure Costs Retrospective Costs Personal Representative Ratification of Legal Work

Citation: [1993] JLR 156
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Costs Determination

More details

Posture: Civil / Costs Determination

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A personal representative can recover costs for legal advice obtained before appointment if the advice is later adopted and ratified by him.

Court disposition

costs allowed

Orders

Personal representative may recover costs for legal advice given before appointment and later adopted by him

Material facts

Parties

Abdel Rahman

Applicant

Chase Bank

Respondent

Procedural history

Posture

Civil / Costs Determination

Questions and positions

Legal issues

01
Whether a personal representative may obtain costs for legal advice given before appointment and later adopted by him
02
Whether a personal representative may validly ratify legal work done prior to appointment

Party arguments

Applicant: The personal representative should be entitled to recover costs for legal advice obtained before formal appointment if such advice is later adopted and ratified.
Respondent: The respondent likely contested the recoverability of costs incurred prior to the applicant's formal appointment as personal representative.

Court’s reasoning

Legal principles

01
[1993] JLR 156

A personal representative may obtain costs of legal advice originally given before appointment and later adopted by him; such work may be validly ratified.

Ratio, limits and disposition

Ratio decidendi

A personal representative can recover costs for legal advice obtained before appointment if the advice is later adopted and ratified by him.

Court disposition

costs allowed

Personal representative may recover costs for legal advice given before appointment and later adopted by him

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1993] JLR 156

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