Jersey Judgment

C.I. Knitwear Co. Ltd. v Hotchkiss [2001] JLR 273 (15 May 2001)

Civil Procedure Costs Appeal Costs

Citation: [2001] JLR 273
Status: Judgment
Jurisdiction: Jersey
Posture: Civil Appeal / Appeal Judgment

More details

Posture: Civil Appeal / Appeal Judgment

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Professional case brief

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Source document

Holding and result

An appellant who appeals both liability and quantum, fails on liability but receives reduced damages, does not 'win' the appeal and should ordinarily pay their own costs.

Court disposition

Appellant to pay own costs.

Material facts

Parties

C. I. Knitwear Co. Ltd.

Appellant

Hotchkiss

Respondent

Procedural history

Posture

Civil Appeal / Appeal Judgment

Questions and positions

Legal issues

Whether an appellant who appeals both liability and quantum, fails on liability but receives reduced damages, is considered to have 'won' the appeal for the purposes of costs

Party arguments

Applicant: Appellant argued entitlement to costs on the basis of obtaining reduced damages on appeal.
Respondent: Respondent argued appellant failed on liability and should not be considered to have won the appeal for costs purposes.

Court’s reasoning

Legal principles

01
[2001] JLR 273

An appellant who fails on liability but receives reduced damages does not 'win' the appeal and ordinarily should pay their own costs.

Ratio, limits and disposition

Ratio decidendi

An appellant who appeals both liability and quantum, fails on liability but receives reduced damages, does not 'win' the appeal and should ordinarily pay their own costs.

Court disposition

Appellant to pay own costs.

Source and reliance status

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Judgment text

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Court record

Judgment

[2001] JLR 273

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BAILII >> Databases >> Jersey Law Reports >> C. I. Knitwear Co. Ltd. v Hotchkiss [2001] JLR 273 (15 May 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR010273.html Cite as: [2001] JLR 273 [ New search ] [ Help ] C. I. Knitwear Co. Ltd. v Hotchkiss 2001 JLR 273 (15 May 2001) Civil Procedure-costs-appeal costs-appellant appealing against liability and quantum who fails on liability and receives reduced damages does not "win" appeal-ordinarily to pay own costs The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2001 JLR 273 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR010273.html

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