Flynn v Reid [2013] 2 JLR 280 (13 June 2013)

Flynn v Reid [2013] 2 JLR 280 (13 June 2013)

A protective costs order can be granted in private proceedings where the public interest in determining a matter of general importance is not outweighed by private interests, and the States may be ordered to pay costs in such cases.

Citation
[2013] 2 JLR 280
Parties
Applicant: Flynn; Respondent: Reid
Jurisdiction
Jersey
Judgment Date
13 June 2013
Procedural Posture
Civil / Application for Protective Costs Order
Outcome
protective costs order granted
Legal Topics
Costs, Protective Costs Order, Public Interest Litigation
Civil Procedure Costs Protective Costs Order Public Interest Litigation

Case Brief

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Parties

Flynn

Applicant

Reid

Respondent

Procedural Posture

Civil / Application for Protective Costs Order

Legal Issues

  1. 1 Whether a protective costs order may be made in private proceedings to ensure determination of a matter of general public importance in the public interest
  2. 2 Whether the States may be ordered to pay costs of private proceedings

Ratio Decidendi

A protective costs order can be granted in private proceedings where the public interest in determining a matter of general importance is not outweighed by private interests, and the States may be ordered to pay costs in such cases.

Court Disposition

protective costs order granted

Orders

  • Protective costs order made to ensure determination of matter of general public importance
  • States ordered to pay costs of private proceedings