Luce v Manning [2004] JLR 64 (23 January 2004)

Luce v Manning [2004] JLR 64 (23 January 2004)

The court should rarely exercise its discretion to award a fixed sum for costs in advance and should generally await full assessment on taxation after all facts are known, allowing parties to make submissions on the appropriate figure.

Citation
[2004] JLR 64
Parties
Applicant: Luce; Respondent: Manning
Jurisdiction
Jersey
Judgment Date
23 January 2004
Procedural Posture
Civil / Costs Determination
Outcome
No fixed sum awarded in advance; await taxation
Legal Topics
Costs, Fixed Sum, Discretion, Assessment, Taxation
Civil Procedure Costs Fixed Sum Discretion Assessment Taxation

Case Brief

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Parties

Luce

Applicant

Manning

Respondent

Procedural Posture

Civil / Costs Determination

Legal Issues

  1. 1 Whether the court should exercise its discretion to award a fixed sum for costs in advance
  2. 2 Whether parties should be given an opportunity to make submissions on the appropriate figure
  3. 3 Whether it is preferable to await full assessment on taxation

Ratio Decidendi

The court should rarely exercise its discretion to award a fixed sum for costs in advance and should generally await full assessment on taxation after all facts are known, allowing parties to make submissions on the appropriate figure.

Court Disposition

No fixed sum awarded in advance; await taxation

Orders

  • Parties to await full assessment on taxation