Jersey Judgment

Leeds United v Admatch [2008] JLR 287 (21 August 2008)

Civil Procedure Costs Litigants in Person Company Representation

Citation: [2008] JLR 287
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Costs Determination

More details

Posture: Civil / Costs Determination

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Professional case brief

Research organized from the available case record

Source document

Holding and result

A company represented by its director is a 'litigant in person' under Royal Court Rules 2004, but r.12/6 is inappropriate for companies and should be amended.

Court disposition

Rule clarified; recommendation for amendment

Material facts

Parties

Leeds United

Applicant

Admatch

Respondent

Procedural history

Posture

Civil / Costs Determination

Questions and positions

Legal issues

01
Whether a company represented by its director qualifies as a 'litigant in person' under Royal Court Rules 2004
02
Appropriateness of r.12/6 for companies regarding recovery of costs

Party arguments

Applicant: Leeds United argued that a company represented by its director should be considered a 'litigant in person' and entitled to recover costs under r.12/6.
Respondent: Admatch contended that r.12/6 is inappropriate for companies as they do not have 'normal working hours' and the rule should be amended.

Court’s reasoning

Legal principles

01
Royal Court Rules 2004

A 'litigant in person' is any litigant not represented by an advocate and therefore acting for himself or itself.
02
Royal Court Rules 2004

Rule 12/6 concerning recovery of costs by litigants in person is inappropriate for companies as no 'normal working hours' exist.

Ratio, limits and disposition

Ratio decidendi

A company represented by its director is a 'litigant in person' under Royal Court Rules 2004, but r.12/6 is inappropriate for companies and should be amended.

Court disposition

Rule clarified; recommendation for amendment

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2008] JLR 287

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BAILII >> Databases >> Jersey Law Reports >> Leeds United v Admatch [2008] JLR 287 (21 August 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080287.html Cite as: [2008] JLR 287 [ New search ] [ Help ] Leeds United v Admatch 2008 JLR 287 (21 August 2008) Civil Procedure-costs-litigants in person-company represented by director is "litigant in person" under Royal Court Rules 2004-"litigant in person" is any litigant not represented by advocate and therefore acting for himself/itself-r.12/6, concerning recovery of costs by litigants in person, inappropriate for companies as no "normal working hours" and should be amended 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: 2008 JLR 287 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080287.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court Rules 2004 r.12/6

Legislation

Legislation referenced in the available case record.

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