Jersey Judgment

In re Sinel v [2000] JLR_Note 19a (30 May 2000)

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Source document

01

Holding and result

Upon withdrawal or discontinuance of an action, the court determines liability for costs, typically awarding costs to the successful party unless there are special circumstances.

Court disposition

costs determined upon withdrawal/discontinuance

02

Material facts

Parties

Sinel

Applicant

03

Procedural history

  1. Posture

    Civil / Costs Determination After Withdrawal/discontinuance

04

Questions and positions

Legal issues

Entitlement to costs upon withdrawal or discontinuance of action

05

Court’s reasoning

  1. 01

    general civil procedure principles

    Costs generally follow the event unless the court orders otherwise, including in cases of withdrawal or discontinuance.

06

Ratio, limits and disposition

Ratio decidendi

Upon withdrawal or discontinuance of an action, the court determines liability for costs, typically awarding costs to the successful party unless there are special circumstances.

Court disposition

costs determined upon withdrawal/discontinuance

Source and reliance status

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Judgment

Judgment

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