Jersey Judgment

Flynn v Reid [2012] 2 JLR 226 (26 September 2012)

Civil Procedure Costs Discretion of Court

Citation: [2012] 2 JLR 226
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Costs Ruling

More details

Posture: Civil / Costs Ruling

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that costs should not be capped due to legal aid status and that the means of the parties are not relevant except in matrimonial cases.

Court disposition

Costs not capped; legal aid status irrelevant to costs order.

Orders

Costs order not capped
Legal aid status not considered in costs order

Material facts

Parties

Flynn

Applicant

Reid

Respondent

Procedural history

Posture

Civil / Costs Ruling

Questions and positions

Legal issues

01
Whether the court should cap costs because parties are legally aided
02
Whether the means of parties are relevant to costs orders

Party arguments

Applicant: Applicant sought to have costs capped due to legal aid status.
Respondent: Respondent opposed capping costs, arguing means and legal aid status are irrelevant.

Court’s reasoning

Legal principles

01
Flynn v Reid [2012] 2 JLR 226

Merits of the case and conduct of parties are major considerations in costs orders; means of parties are not relevant except in matrimonial cases; costs should not be capped because parties are legally aided; it is irrelevant that a costs order in favour of a legally-aided party would only benefit the advocate.

Ratio, limits and disposition

Ratio decidendi

The court held that costs should not be capped due to legal aid status and that the means of the parties are not relevant except in matrimonial cases.

Court disposition

Costs not capped; legal aid status irrelevant to costs order.

Costs order not capped
Legal aid status not considered in costs order

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2012] 2 JLR 226

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Flynn v Reid [2012] 2 JLR 226 (26 September 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122226.html Cite as: [2012] 2 JLR 226 [ New search ] [ Help ] Flynn v Reid 2012 (2) JLR 226 (26 September 2012) Civil Procedure-costs-discretion of court-principles governing exercise of discretion-major considerations: merits of case and conduct of parties-means of parties not relevant (except in matrimonial cases)-costs not to be capped because parties legally aided-irrelevant that costs order in favour of legally-aided party would only benefit advocate The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 226 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122226.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Flynn v Reid [2012] 2 JLR 226

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.