Crociani v. Crociani [2014] 1 JLR 503 (17 April 2014)

Crociani v. Crociani [2014] 1 JLR 503 (17 April 2014)

The Court of Appeal has statutory power to order interim payment of costs, and does not need to rely on inherent jurisdiction.

Citation
[2014] 1 JLR 503
Parties
Appellant: Crociani; Respondent: Crociani
Jurisdiction
Jersey
Judgment Date
17 April 2014
Procedural Posture
Civil Appeal / Court of Appeal Interim Costs Application
Outcome
interim costs payment allowed
Legal Topics
Costs, Interim Payment, Powers of Appellate Court
Civil Procedure Costs Interim Payment Powers of Appellate Court

Case Brief

Summary, issues, holding and outcome

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Parties

Crociani

Appellant

Crociani

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Interim Costs Application

Legal Issues

  1. 1 Whether the Court of Appeal has power to order interim payment of costs
  2. 2 Whether such power derives from Court of Appeal (Jersey) Law 1961, art. 16 and/or art. 12(3)
  3. 3 Whether inherent jurisdiction is required

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

Orders

  • Interim payment of costs ordered; entitlement provisional until taxation