Boyd v Pickersgill and Le Cornu [2000] JRC 181 (14 September 2000)

Boyd v Pickersgill and Le Cornu [2000] JRC 181 (14 September 2000)

The indemnity principle applies to costs in civil proceedings in Jersey, operating as in English law: a party cannot recover more than they are liable to pay their own lawyer, regardless of legal aid status or third-party funding, unless there is an agreement that the client is never liable for costs. English...

Source-derived case information.

Citation
[2000] JRC 181
Parties
Plaintiff: Margaret Milne Boyd; Defendants: David Eldon Le Cornu and Barry Keith Pickersgill (Pickersgill & Le Cornu); Plaintiff's Solicitors (for Costs Taxation): Messrs. Mourant du Feu & Jeune
Jurisdiction
Jersey
Judgment Date
14 September 2000
Procedural Posture
Summons Regarding Taxation of Costs / Determination of Legal Principles Applicable to Taxation of Costs
Outcome
Questions of principle answered; taxation of costs to proceed subject to these principles.
Legal Topics
Taxation of Costs, Indemnity Principle, Legal Aid, Party and Party Costs
Civil Procedure Taxation of Costs Indemnity Principle Legal Aid Party and Party Costs

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Parties

Margaret Milne Boyd

Plaintiff

David Eldon Le Cornu and Barry Keith Pickersgill (Pickersgill & Le Cornu)

Defendants

Messrs. Mourant du Feu & Jeune

Plaintiff's Solicitors (for Costs Taxation)

Procedural Posture

Summons Regarding Taxation of Costs / Determination of Legal Principles Applicable to Taxation of Costs

Legal Issues

  1. 1 Does the indemnity principle apply to costs in civil proceedings in Jersey?
  2. 2 How does the indemnity principle operate in Jersey?
  3. 3 Are English court decisions on the indemnity principle relevant in Jersey?

Ratio Decidendi

The indemnity principle applies to costs in civil proceedings in Jersey, operating as in English law: a party cannot recover more than they are liable to pay their own lawyer, regardless of legal aid status or third-party funding, unless there is an agreement that the client is never liable for costs. English authorities are persuasive in the absence of Jersey precedent.

Court Disposition

Questions of principle answered; taxation of costs to proceed subject to these principles.

Orders

  • The indemnity principle applies to costs in civil proceedings in Jersey.
  • The principle operates as in English law: costs are an indemnity, not a bonus.