JFSC v Black [2007] JRC 171 (23 August 2007)

JFSC v Black [2007] JRC 171 (23 August 2007)

Security for costs of £14,000 is just and appropriate as a condition of leave to appeal, given respondents' residence outside jurisdiction, insufficient assets, and absence of evidence of oppression; leave to appeal is strictly limited to the issue of public-interest status affecting costs discretion.

Citation
[2007] JRC 171
Parties
Applicant: Jersey Financial Services Commission; Respondent: Blacks Jersey; Respondent: Mr. Alistair Black; Respondent: Mrs. Black; Respondent: Blacks London
Jurisdiction
Jersey
Judgment Date
23 August 2007
Procedural Posture
Application for Leave to Appeal and Security for Costs / Post Judgment, Determination of Security for Costs and Conditions of Leave to Appeal
Outcome
Leave to appeal granted on limited issue, conditional on payment of £14,000 security for costs and strict limitation of appeal; injunction varied to permit communication with Abbey National; costs of application to be costs in appeal.
Legal Topics
Security for Costs, Leave to Appeal, Public Interest Litigation, Injunction Variation
Civil Procedure Costs Injunctions Security for Costs Leave to Appeal Public Interest Litigation Injunction Variation

Case Brief

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Parties

Jersey Financial Services Commission

Applicant

Blacks Jersey

Respondent

Mr. Alistair Black

Respondent

Mrs. Black

Respondent

Blacks London

Respondent

Procedural Posture

Application for Leave to Appeal and Security for Costs / Post Judgment, Determination of Security for Costs and Conditions of Leave to Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered as a condition of leave to appeal
  2. 2 Whether public-interest status of applicant affects costs discretion
  3. 3 Whether injunction on funds should be lifted

Ratio Decidendi

Security for costs of £14,000 is just and appropriate as a condition of leave to appeal, given respondents' residence outside jurisdiction, insufficient assets, and absence of evidence of oppression; leave to appeal is strictly limited to the issue of public-interest status affecting costs discretion.

Court Disposition

Leave to appeal granted on limited issue, conditional on payment of £14,000 security for costs and strict limitation of appeal; injunction varied to permit communication with Abbey National; costs of application to be costs in appeal.

Orders

  • Leave to appeal granted to Blacks Jersey, Mr. Black, Blacks London, and Mrs. Black on limited issue of public-interest status affecting costs discretion.
  • Leave conditional on payment of £14,000 security for costs by mid-day on Friday 21st September 2007, available to satisfy costs recoverable from any appellant.