Crociani v. Crociani [2014] 1 JLR 503 (17 April 2014)
- Citation
- [2014] 1 JLR 503
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil Appeal / Court of Appeal Interim Costs Application
More details
- Posture
- Civil Appeal / Court of Appeal Interim Costs Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal has statutory power to order interim payment of costs, and does not need to rely on inherent jurisdiction.
Court disposition
interim costs payment allowed
Orders
- Interim payment of costs ordered; entitlement provisional until taxation
02
Material facts
Parties
Crociani
AppellantCrociani
Respondent03
Procedural history
Posture
Civil Appeal / Court of Appeal Interim Costs Application
04
Questions and positions
Legal issues
- 01
Whether the Court of Appeal has power to order interim payment of costs
- 02
Whether such power derives from Court of Appeal (Jersey) Law 1961, art. 16 and/or art. 12(3)
- 03
Whether inherent jurisdiction is required
Party arguments
- Applicant
- The Court of Appeal has power to order interim payment of costs under the Court of Appeal (Jersey) Law 1961 and the Civil Proceedings (Jersey) Law 1956.
- Respondent
- The power to order interim costs is not available to the Court of Appeal except under its inherent jurisdiction.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal (Jersey) Law 1961, art. 16 and art. 12(3); Civil Proceedings (Jersey) Law 1956
The Court of Appeal may order interim costs under Court of Appeal (Jersey) Law 1961, art. 16, and also under art. 12(3) as the Royal Court may order interim costs under Civil Proceedings (Jersey) Law 1956.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal has statutory power to order interim payment of costs, and does not need to rely on inherent jurisdiction.
Court disposition
interim costs payment allowed
- Interim payment of costs ordered; entitlement provisional until taxation
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Crociani v. Crociani [2014] 1 JLR 503 (17 April 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141503.html Cite as: [2014] 1 JLR 503 [ New search ] [ Help ] Crociani v. Crociani 2014 (1) JLR 503 (17 April 2014) Civil Procedure-costs-interim payment on account-Court of Appeal may order interim costs under Court of Appeal (Jersey) Law 1961, art. 16-payee's entitlement only provisional until taxation-court may also order interim costs under art. 12(3) of 1961 Law (under which Court of Appeal has all powers of Royal Court for purposes of appeal) as Royal Court may order interim costs under Civil Proceedings (Jersey) Law 1956-no need to exercise inherent jurisdiction 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: 2014 (1) JLR 503 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141503.html
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