In the matter of the Amy Tutelles [2011] JCA 151 (03 August 2011)

The Court of Appeal dismissed the application for costs in favour of Mr Barnett, holding that the proper forum was the Royal Court, which had reserved the matter of costs. The Court ordered that Mr Sinel personally bear the costs of the 28th July hearing, as his error caused unnecessary proceedings and was not attributable to his clients.

Citation: [2011] JCA 151
Parties: Appellant: Angela Amy; First Respondent: Anastasia Amy; Second Respondent: Marianna Amy
Jurisdiction: Jersey
Judgment Date: 03 August 2011
Procedural Posture: Appeal / Post Judgment Application for Costs
Outcome: Application for costs in favour of Mr Barnett dismissed; costs of 28th July 2011 hearing ordered against Mr Sinel personally.
Legal Topics: Costs, Wasted Costs, Jurisdiction of Court of Appeal

Civil Procedure Costs Wasted Costs Jurisdiction of Court of Appeal

Case Brief

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Parties

Angela Amy

Appellant

Anastasia Amy

First Respondent

Marianna Amy

Second Respondent

Procedural Posture

Appeal / Post Judgment Application for Costs

Legal Issues

1 Whether the Court of Appeal has jurisdiction to order costs against an advocate personally
2 Whether the application for costs in favour of Mr Barnett was properly before the Court of Appeal

Ratio Decidendi

Court Disposition

Application for costs in favour of Mr Barnett dismissed; costs of 28th July 2011 hearing ordered against Mr Sinel personally.

Orders

Application for costs in favour of Mr Barnett dismissed
Mr Sinel to pay the costs of the hearing on 28th July 2011 on the standard basis