Francis -v- JFSC [2018] JRC 064A (23 March 2018)

Francis -v- JFSC [2018] JRC 064A (23 March 2018)

Although the appellant succeeded on some issues and the Second Appeal, the Commission was the clear overall winner. Costs should follow the event, but a 25% deduction is appropriate to reflect the appellant's partial success and criticisms of the Commission. An interim payment of £150,000 is ordered on a...

Source-derived case information.

Citation
[2018] JRC 064A
Parties
Appellant: Francis; Respondent: Jersey Financial Services Commission (JFSC)
Jurisdiction
Jersey
Judgment Date
23 March 2018
Procedural Posture
Appeal / Post Judgment (costs Determination)
Outcome
Appellant to pay 75% of the Commission's costs of both appeals on the standard basis; interim payment of £150,000 ordered; payment due within 28 days; appellant to pay 75% of costs of the costs hearing.
Legal Topics
Costs, Appeals, Interim Payments, Judicial Discretion
Civil Procedure Administrative Law Financial Regulation Costs Appeals Interim Payments Judicial Discretion

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Parties

Francis

Appellant

Jersey Financial Services Commission (JFSC)

Respondent

Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether costs should follow the event in appeals involving partial success and criticisms of the respondent's conduct
  2. 2 Whether an interim payment of costs should be ordered and in what amount

Ratio Decidendi

Although the appellant succeeded on some issues and the Second Appeal, the Commission was the clear overall winner. Costs should follow the event, but a 25% deduction is appropriate to reflect the appellant's partial success and criticisms of the Commission. An interim payment of £150,000 is ordered on a conservative basis due to lack of detailed costs information.

Court Disposition

Appellant to pay 75% of the Commission's costs of both appeals on the standard basis; interim payment of £150,000 ordered; payment due within 28 days; appellant to pay 75% of costs of the costs hearing.

Orders

  • Appellant to pay 75% of the Commission's costs of and incidental to the appeal on the standard basis.
  • Appellant to make an interim payment on account of costs in the sum of £150,000 within 28 days.