Drake v Gouveia [2000] JLR 411 (01 December 2000)

The court held that it may order costs against a non-party under Civil Procedure (Jersey) Law 1956, art. 2(1), and that this jurisdiction is exercisable by the Master as well as the Royal Court.

Citation: [2000] JLR 411
Parties: Applicant: Drake; Respondent: Gouveia
Jurisdiction: Jersey
Judgment Date: 01 December 2000
Procedural Posture: Civil / Costs Determination
Outcome: application granted
Legal Topics: Costs, Costs Against Non Party

Civil Procedure Costs Costs Against Non Party

Case Brief

Summary, issues, holding and outcome

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Parties

Drake

Applicant

Gouveia

Respondent

Procedural Posture

Civil / Costs Determination

Legal Issues

1 Whether the court may order costs against a non-party under Civil Procedure (Jersey) Law 1956, art. 2(1)
2 Whether the jurisdiction to order costs against a non-party may be exercised by a Master as well as the Royal Court

Ratio Decidendi

The court held that it may order costs against a non-party under Civil Procedure (Jersey) Law 1956, art. 2(1), and that this jurisdiction is exercisable by the Master as well as the Royal Court.

Court Disposition

application granted

Orders

Costs may be ordered against a non-party under Civil Procedure (Jersey) Law 1956, art. 2(1)
Jurisdiction to order such costs is exercisable by the Master as well as the Royal Court