Jersey Judgment

Att. Gen. v. Rosenlund [2016] 1 JLR 348 (06 April 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Costs ordered on standard basis against Attorney General for pursuit of hopeless application for saisie judiciaire; not in public interest for public bodies to pursue hopeless cases at expense of respondents.

Court disposition

Costs awarded against Attorney General on standard basis.

Orders

  • Attorney General to pay respondent's costs on standard basis.

02

Material facts

Parties

Attorney General

Applicant

Rosenlund

Respondent

03

Procedural history

  1. Posture

    Civil / Costs Order

04

Questions and positions

Legal issues

Whether costs should be awarded against the Attorney General for pursuing a hopeless application for saisie judiciaire

Party arguments

Applicant
Attorney General pursued application for saisie judiciaire.
Respondent
Respondent opposed application as hopeless and sought costs.

05

Court’s reasoning

  1. 01

    Jersey civil procedure

    Costs may be awarded against public bodies for pursuing hopeless cases.

06

Ratio, limits and disposition

Ratio decidendi

Costs ordered on standard basis against Attorney General for pursuit of hopeless application for saisie judiciaire; not in public interest for public bodies to pursue hopeless cases at expense of respondents.

Court disposition

Costs awarded against Attorney General on standard basis.

  • Attorney General to pay respondent's costs on standard basis.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2016] 1 JLR 348

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