Representation of Centre Trust [2009] JRC 133 (25 June 2009)

Representation of Centre Trust [2009] JRC 133 (25 June 2009)

The Jersey Court has inherent jurisdiction to order interim payment on account of costs, and in this representation, a cautious approach justified awarding less than 50% of the reduced indemnity costs. Leave to appeal was refused as there was no misdirection or error in principle, and the decision was not plainly wrong.

Citation
[2009] JRC 133
Parties
Applicant: Centre Trustees (CI) Limited; Respondent: Mr Pabst
Jurisdiction
Jersey
Judgment Date
25 June 2009
Procedural Posture
Representation / Post Removal, Costs and Interim Payment Application
Outcome
Interim payment of £75,000 ordered; leave to appeal refused.
Legal Topics
Protector Removal, Costs, Interim Payment, Leave to Appeal
Trusts Civil Procedure Protector Removal Costs Interim Payment Leave to Appeal

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Parties

Centre Trustees (CI) Limited

Applicant

Mr Pabst

Respondent

Procedural Posture

Representation / Post Removal, Costs and Interim Payment Application

Legal Issues

  1. 1 Whether the Court has inherent jurisdiction to order interim payment on account of costs
  2. 2 Appropriate quantum for interim payment
  3. 3 Whether leave to appeal costs decision should be granted

Ratio Decidendi

The Jersey Court has inherent jurisdiction to order interim payment on account of costs, and in this representation, a cautious approach justified awarding less than 50% of the reduced indemnity costs. Leave to appeal was refused as there was no misdirection or error in principle, and the decision was not plainly wrong.

Court Disposition

Interim payment of £75,000 ordered; leave to appeal refused.

Orders

  • Mr Pabst to pay £75,000 to Centre Trustees (CI) Limited within 28 days as interim payment on account of costs.
  • Leave to appeal the costs decision refused.