Jersey Judgment

Cotrel v Christmas [2013] 2 JLR_Note 3 (24 May 2013)

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Professional case brief

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Source document

01

Holding and result

The court determines the appropriate order as to costs following the withdrawal or discontinuance of the action, applying its discretion under civil procedure principles.

Court disposition

costs order made following withdrawal/discontinuance

02

Material facts

Parties

Cotrel

Applicant

Christmas

Respondent

03

Procedural history

  1. Posture

    Civil / Costs Determination After Withdrawal/discontinuance

04

Questions and positions

Legal issues

Entitlement to costs following withdrawal or discontinuance of an action

Party arguments

Applicant
Applicant seeks determination of costs following withdrawal or discontinuance of the action.
Respondent
Respondent contests or seeks clarification on costs liability post-withdrawal/discontinuance.

05

Court’s reasoning

  1. 01

    civil procedure rules/common law

    Costs generally follow the event, but the court has discretion in cases of withdrawal or discontinuance.

06

Ratio, limits and disposition

Ratio decidendi

The court determines the appropriate order as to costs following the withdrawal or discontinuance of the action, applying its discretion under civil procedure principles.

Court disposition

costs order made following withdrawal/discontinuance

Source and reliance status

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Judgment text

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Source document

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Judgment

Judgment

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