In re Donoghue v [2000] JLR 67 (01 March 2000)

In re Donoghue v [2000] JLR 67 (01 March 2000)

The court held that it had no power to order costs to be paid out of public funds but did have power to order the Attorney General to pay costs. Legislative amendment is desirable.

Citation
[2000] JLR 67
Parties
Applicant: Donoghue; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
01 March 2000
Procedural Posture
Curatorship Proceedings / Costs Determination
Outcome
Costs not payable out of public funds; Attorney General may be ordered to pay costs.
Legal Topics
Curatorship, Costs, Public Funds
Mental Health Law Civil Procedure Curatorship Costs Public Funds

Case Brief

Summary, issues, holding and outcome

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Parties

Donoghue

Applicant

Attorney General

Respondent

Procedural Posture

Curatorship Proceedings / Costs Determination

Legal Issues

  1. 1 Whether the court has power to order costs of curatorship proceedings to be paid out of public funds
  2. 2 Whether the Attorney General can be ordered to pay such costs

Ratio Decidendi

The court held that it had no power to order costs to be paid out of public funds but did have power to order the Attorney General to pay costs. Legislative amendment is desirable.

Court Disposition

Costs not payable out of public funds; Attorney General may be ordered to pay costs.

Orders

  • No order for costs out of public funds
  • Attorney General may be ordered to pay costs