Guardian Global Capital Suisse SA v JFSC [2020] JRC 122 (26 June 2020)

Guardian Global Capital Suisse SA v JFSC [2020] JRC 122 (26 June 2020)

The normal rule that costs follow the event applies; GGC's prudent approach and desire for legal certainty do not justify a departure from this rule. GGC must pay the Commission's costs.

Citation
[2020] JRC 122
Parties
Representor: Guardian Global Capital (Suisse) SA; Respondent: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
26 June 2020
Procedural Posture
Judicial Review / Costs Determination Post Judgment
Outcome
Costs awarded to the Jersey Financial Services Commission.
Legal Topics
Costs, Judicial Review, Public Authority Powers
Administrative Law Financial Regulation Costs Judicial Review Public Authority Powers

Case Brief

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Parties

Guardian Global Capital (Suisse) SA

Representor

Jersey Financial Services Commission

Respondent

Procedural Posture

Judicial Review / Costs Determination Post Judgment

Legal Issues

  1. 1 Whether costs should follow the event in a judicial review where the applicant sought clarification of legal position
  2. 2 Whether the applicant's non-hostile approach justifies a departure from the normal costs rule

Ratio Decidendi

The normal rule that costs follow the event applies; GGC's prudent approach and desire for legal certainty do not justify a departure from this rule. GGC must pay the Commission's costs.

Court Disposition

Costs awarded to the Jersey Financial Services Commission.

Orders

  • GGC to pay the costs of and incidental to the proceedings to be taxed on the normal taxed costs basis if not agreed.