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

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

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.

Citation
[2010] JLR 435
Parties
Applicant: Incat; Respondent: Luba Freeport
Jurisdiction
Jersey
Judgment Date
07 September 2010
Procedural Posture
Civil Procedure Costs Appeal / Appeal to Royal Court Against Taxation by Greffier
Outcome
Appeal procedure clarified; unfettered discretion of Royal Court removed
Legal Topics
Costs, Appeal Against Taxation, Procedural Irregularity
Civil Procedure Costs Appeal Against Taxation Procedural Irregularity

Case Brief

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Parties

Incat

Applicant

Luba Freeport

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether appeal to Royal Court against taxation by Greffier is permissible and on what grounds

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