Att. Gen. v Young [1998] JLR 387 (12 November 1998)

Att. Gen. v Young [1998] JLR 387 (12 November 1998)

The court held that insubstantial applications for recusation based on apparent bias may be punished by an award of indemnity costs, and that the Royal Court or Court of Appeal may order advocates to pay such costs personally.

Citation
[1998] JLR 387
Parties
Applicant: Attorney General; Respondent: Young
Jurisdiction
Jersey
Judgment Date
12 November 1998
Procedural Posture
Recusation Application / Decision on Costs
Outcome
application for recusation dismissed; indemnity costs may be ordered
Legal Topics
Recusation, Apparent Bias, Costs, Indemnity Costs
Civil Procedure Recusation Apparent Bias Costs Indemnity Costs

Case Brief

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Parties

Attorney General

Applicant

Young

Respondent

Procedural Posture

Recusation Application / Decision on Costs

Legal Issues

  1. 1 Whether an insubstantial application for recusation based on apparent bias justifies an award of indemnity costs against the applicant or their advocate.

Ratio Decidendi

The court held that insubstantial applications for recusation based on apparent bias may be punished by an award of indemnity costs, and that the Royal Court or Court of Appeal may order advocates to pay such costs personally.

Court Disposition

application for recusation dismissed; indemnity costs may be ordered

Orders

  • Indemnity costs may be awarded against the applicant or their advocate in cases of insubstantial recusation applications.