X and Z v Health and Social Service Committee [2007] JRC 088 (25 April 2007)

X and Z v Health and Social Service Committee [2007] JRC 088 (25 April 2007)

It was not reasonable for the plaintiffs to be separately represented as there was no conflict between their interests at the relevant stage; however, since the Court appointed a guardian ad litem for the second plaintiff, costs incurred for keeping informed and protecting the child's interests prior to settlement should be recoverable, but any other costs should be disallowed by the Judicial Greffier.

Citation
[2007] JRC 088
Parties
Plaintiff: First Plaintiff; Plaintiff: Second Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
25 April 2007
Procedural Posture
Civil / Post Settlement Costs Determination
Outcome
Delegation to Judicial Greffier to assess and disallow unreasonable costs; no order as to costs for argument of this issue unless counsel requests within 10 days.
Legal Topics
Separate Representation, Reasonableness of Costs, Guardian Ad Litem, Apportionment of Damages
Civil Procedure Costs Separate Representation Reasonableness of Costs Guardian Ad Litem Apportionment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

First Plaintiff

Plaintiff

Second Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Post Settlement Costs Determination

Legal Issues

  1. 1 Was it reasonable for the first and second plaintiffs to be separately represented?
  2. 2 Should costs incurred by the second plaintiff for separate legal representation be recoverable?

Ratio Decidendi

It was not reasonable for the plaintiffs to be separately represented as there was no conflict between their interests at the relevant stage; however, since the Court appointed a guardian ad litem for the second plaintiff, costs incurred for keeping informed and protecting the child's interests prior to settlement should be recoverable, but any other costs should be disallowed by the Judicial Greffier.

Court Disposition

Delegation to Judicial Greffier to assess and disallow unreasonable costs; no order as to costs for argument of this issue unless counsel requests within 10 days.

Orders

  • Judicial Greffier to disallow any costs incurred by the second plaintiff other than those involved in keeping informed of the progress of the claim and ensuring the child's interests were protected.
  • No order as to costs for argument of this issue unless counsel requests within 10 days.