Britannia Building Society -v- Milborn [2007] JRC 001 (05 January 2007)

Britannia Building Society -v- Milborn [2007] JRC 001 (05 January 2007)

There is no realistic prospect of success for Britannia's appeal as the issue of set-off was specifically addressed, the court's discretion was properly exercised, and none of the Glazebrook grounds for granting leave to appeal are satisfied.

Citation
[2007] JRC 001
Parties
Applicant: Britannia; Respondent: Mr. Milborn
Jurisdiction
Jersey
Judgment Date
05 January 2007
Procedural Posture
Application for Leave to Appeal (costs Order) / Renewed Application for Leave to Appeal Refused
Outcome
Application for leave to appeal refused.
Legal Topics
Costs, Leave to Appeal, Set Off, Discretion of Court
Civil Procedure Costs Leave to Appeal Set Off Discretion of Court

Case Brief

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Parties

Britannia

Applicant

Mr. Milborn

Respondent

Procedural Posture

Application for Leave to Appeal (costs Order) / Renewed Application for Leave to Appeal Refused

Legal Issues

  1. 1 Whether the court erred in awarding 85% of costs to Mr. Milborn and failed to consider set-off of Britannia's claim against potential damages to be awarded to Mr. Milborn
  2. 2 What is the correct test for granting leave to appeal against a costs order

Ratio Decidendi

There is no realistic prospect of success for Britannia's appeal as the issue of set-off was specifically addressed, the court's discretion was properly exercised, and none of the Glazebrook grounds for granting leave to appeal are satisfied.

Court Disposition

Application for leave to appeal refused.