Payne v Pirunico Trustees Ltd. [1999] JLR 111 (27 May 1999)

Payne v Pirunico Trustees Ltd. [1999] JLR 111 (27 May 1999)

An opposing party with a sufficient interest may seek to set aside the appointment of an impecunious guardian ad litem due to the uncertainty of liability for costs awarded against a minor.

Citation
[1999] JLR 111
Parties
Minor: Payne; Opposing Party: Pirunico Trustees Ltd.
Jurisdiction
Jersey
Judgment Date
27 May 1999
Procedural Posture
Civil / Interlocutory
Outcome
uncertain; interlocutory clarification
Legal Topics
Guardian Ad Litem, Liability for Costs
Civil Procedure Guardian Ad Litem Liability for Costs

Case Brief

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Parties

Payne

Minor

Pirunico Trustees Ltd.

Opposing Party

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether a guardian ad litem may be liable for costs awarded against a minor
  2. 2 Whether an opposing party has sufficient interest to seek to set aside the appointment of an impecunious guardian ad litem

Ratio Decidendi

An opposing party with a sufficient interest may seek to set aside the appointment of an impecunious guardian ad litem due to the uncertainty of liability for costs awarded against a minor.

Court Disposition

uncertain; interlocutory clarification