Gheewala v Compendium Trust Co. Ltd. [2001] JLR 483 (27 July 2001)

Gheewala v Compendium Trust Co. Ltd. [2001] JLR 483 (27 July 2001)

The Judicial Greffier's discretion to depart from the Practice Direction 99/2 rates is limited to exceptional circumstances, such as when a Royal Court order for costs made before the change of taxation basis in 1999 is reversed after 1999 by the Court of Appeal.

Citation
[2001] JLR 483
Parties
Applicant: Gheewala; Respondent: Compendium Trust Co. Ltd.
Jurisdiction
Jersey
Judgment Date
27 July 2001
Procedural Posture
Civil / Costs Taxation
Outcome
Application dismissed
Legal Topics
Costs, Taxation of Costs, Standard Basis, Judicial Discretion
Civil Procedure Costs Taxation of Costs Standard Basis Judicial Discretion

Case Brief

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Parties

Gheewala

Applicant

Compendium Trust Co. Ltd.

Respondent

Procedural Posture

Civil / Costs Taxation

Legal Issues

  1. 1 Whether the Judicial Greffier may depart from Practice Direction 99/2 rates for determining a 'reasonable amount' under Royal Court Rules, r.9A/4, and in what circumstances.

Ratio Decidendi

The Judicial Greffier's discretion to depart from the Practice Direction 99/2 rates is limited to exceptional circumstances, such as when a Royal Court order for costs made before the change of taxation basis in 1999 is reversed after 1999 by the Court of Appeal.

Court Disposition

Application dismissed