Evans v AG 05-Feb-2021 [2021] JRC 035 (05 February 2021)

Evans v AG 05-Feb-2021 [2021] JRC 035 (05 February 2021)

Appellant is awarded costs for the appeal and half of Magistrate's Court civil proceedings; prosecution costs order remains; JSPCA costs split by relevant periods based on proper detention and outcome of appeal.

Citation
[2021] JRC 035
Parties
Respondent: Attorney General; Appellant: Evans
Jurisdiction
Jersey
Judgment Date
05 February 2021
Procedural Posture
Appeal / Costs Ruling Post Judgment
Outcome
Costs allocated as per summary; appellant awarded appeal costs and half Magistrate's Court civil costs; prosecution costs order unchanged; JSPCA costs split by period.
Legal Topics
Dangerous Dogs, Costs, Appeal, Animal Welfare
Criminal Law Civil Law Dangerous Dogs Costs Appeal Animal Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Respondent

Evans

Appellant

Procedural Posture

Appeal / Costs Ruling Post Judgment

Legal Issues

  1. 1 allocation of costs following successful appeal against destruction and disqualification orders under Dogs (Jersey) Law 1961

Ratio Decidendi

Appellant is awarded costs for the appeal and half of Magistrate's Court civil proceedings; prosecution costs order remains; JSPCA costs split by relevant periods based on proper detention and outcome of appeal.

Court Disposition

Costs allocated as per summary; appellant awarded appeal costs and half Magistrate's Court civil costs; prosecution costs order unchanged; JSPCA costs split by period.

Orders

  • Appellant to pay £800 prosecution costs in Magistrate's Court.
  • Appellant awarded costs for appeal, standard basis, taxed if not agreed.