Jersey Judgment

Incat v Luba Freeport [2010] JLR 435 (07 September 2010)

Civil Procedure Costs Appeal Against Taxation Procedural Irregularity

Citation: [2010] JLR 435
Status: Judgment
Jurisdiction: Jersey
Posture: Civil Procedure Costs Appeal / Appeal to Royal Court Against Taxation by Greffier

More details

Posture: Civil Procedure Costs Appeal / Appeal to Royal Court Against Taxation by Greffier

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Professional case brief

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Source document

Holding and result

The Royal Court's discretion on appeal against taxation by the Greffier is limited to cases of procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or if the decision is otherwise wrong.

Court disposition

Appeal procedure clarified; unfettered discretion of Royal Court removed

Material facts

Parties

Incat

Applicant

Luba Freeport

Respondent

Procedural history

Posture

Civil Procedure Costs Appeal / Appeal to Royal Court Against Taxation by Greffier

Questions and positions

Legal issues

Whether appeal to Royal Court against taxation by Greffier is permissible and on what grounds

Party arguments

Applicant: Applicant contends that the Greffier's taxation was incorrect and seeks appeal to the Royal Court.
Respondent: Respondent maintains that appeal is only allowed if there is procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or if the decision is otherwise wrong.

Court’s reasoning

Legal principles

01
[2010] JLR 435

Appeal to Royal Court against taxation by Greffier is only allowed if there is procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or if the decision is otherwise wrong. The Royal Court no longer has unfettered discretion.

Ratio, limits and disposition

Ratio decidendi

The Royal Court's discretion on appeal against taxation by the Greffier is limited to cases of procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or if the decision is otherwise wrong.

Court disposition

Appeal procedure clarified; unfettered discretion of Royal Court removed

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Court record

Judgment

[2010] JLR 435

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BAILII >> Databases >> Jersey Law Reports >> Incat v Luba Freeport [2010] JLR 435 (07 September 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100435.html Cite as: [2010] JLR 435 [ New search ] [ Help ] Incat v Luba Freeport 2010 JLR 435 (07 September 2010) Civil Procedure-costs-appeal against costs-appeal to Royal Court against taxation by Greffier only allowed if procedural irregularity; Greffier considered irrelevant matters or failed to consider relevant matters; or decision otherwise wrong-unfettered discretion of Royal Court no longer appropriate The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2010 JLR 435 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100435.html

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[2010] JLR 435

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