W -v- Jersey Financial Services Commission [2015] JRC 156A (24 July 2015)

W -v- Jersey Financial Services Commission [2015] JRC 156A (24 July 2015)

The medical evidence did not satisfy the Court that W was unable to give instructions on a straightforward costs issue; the Commission's application for costs is reasonable and should be granted.

Citation
[2015] JRC 156A
Parties
Applicant: Jersey Financial Services Commission; Respondent: W
Jurisdiction
Jersey
Judgment Date
24 July 2015
Procedural Posture
Costs Application / Post Appeal, Costs Determination
Outcome
application granted
Legal Topics
Costs, Appeal, Stay of Proceedings
Civil Procedure Costs Appeal Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jersey Financial Services Commission

Applicant

W

Respondent

Procedural Posture

Costs Application / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether W is medically unable to give instructions to his lawyers regarding the costs application
  2. 2 Whether the Commission is entitled to its costs arising from the appeal and costs application

Ratio Decidendi

The medical evidence did not satisfy the Court that W was unable to give instructions on a straightforward costs issue; the Commission's application for costs is reasonable and should be granted.

Court Disposition

application granted

Orders

  • Costs of the hearing before the Master and of the appeal before the Royal Court to be costs in the cause
  • Commission granted its costs of and incidental to the application for costs and hearings on 2nd July and 16th July, 2015