Sinel v Goldstein [2003] JRC 090 (04 June 2003)

Sinel v Goldstein [2003] JRC 090 (04 June 2003)

The application to strike out passages of the Defendants' answer was disproportionate and unnecessary given the value of the claim; the Master's order was set aside and each party ordered to pay its own costs.

Citation
[2003] JRC 090
Parties
Claimant: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
04 June 2003
Procedural Posture
Civil Claim / Appeal Against Master's Order and Taxation Decision
Outcome
Master's order set aside; extension of time to appeal granted; each party to pay own costs.
Legal Topics
Professional Fees, Costs, Summary Judgment, Strike Out Applications, Case Management
Civil Procedure Professional Fees Costs Summary Judgment Strike Out Applications Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Claimant

Defendants

Defendant

Procedural Posture

Civil Claim / Appeal Against Master's Order and Taxation Decision

Legal Issues

  1. 1 whether the application to strike out parts of the answer was proportionate and necessary
  2. 2 whether the Plaintiff advocate should be treated as a litigant in person for costs
  3. 3 whether Factor B uplift should have been allowed in taxation

Ratio Decidendi

The application to strike out passages of the Defendants' answer was disproportionate and unnecessary given the value of the claim; the Master's order was set aside and each party ordered to pay its own costs.

Court Disposition

Master's order set aside; extension of time to appeal granted; each party to pay own costs.

Orders

  • Defendants granted extension of time to appeal Master's order of 14 February 2002.
  • Master's order of 14 February 2002 set aside, including costs order.