Booth v Viscount and Anor [2022] JRC 192 (16 September 2022)

Booth v Viscount and Anor [2022] JRC 192 (16 September 2022)

Costs should follow the event, but given Mr Booth's reliance on binding authority and limited means, only half costs are awarded and enforcement is stayed pending leave of the Court.

Citation
[2022] JRC 192
Parties
Plaintiff: Mr Booth; First Defendant: The Viscount; Second Defendant: Reynolds Surveyors
Jurisdiction
Jersey
Judgment Date
16 September 2022
Procedural Posture
Costs Application Following Preliminary Issue Judgment / Post Judgment, Pending Appeal
Outcome
Costs awarded against Mr Booth, limited to one half, enforcement stayed pending leave of Court.
Legal Topics
Costs, Assignment of Cause of Action, Litigant in Person, Legal Aid
Civil Procedure Bankruptcy Costs Assignment of Cause of Action Litigant in Person Legal Aid

Case Brief

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Parties

Mr Booth

Plaintiff

The Viscount

First Defendant

Reynolds Surveyors

Second Defendant

Procedural Posture

Costs Application Following Preliminary Issue Judgment / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether costs should be awarded against Mr Booth following unsuccessful application for assignment of cause of action
  2. 2 Extent to which costs should be awarded given Mr Booth's reliance on binding authority and limited means

Ratio Decidendi

Costs should follow the event, but given Mr Booth's reliance on binding authority and limited means, only half costs are awarded and enforcement is stayed pending leave of the Court.

Court Disposition

Costs awarded against Mr Booth, limited to one half, enforcement stayed pending leave of Court.

Orders

  • Mr Booth to pay the Viscount and Reynolds Surveyors one half of their costs of and incidental to the preliminary issue on the standard basis, to be taxed if not agreed.
  • Costs award not to be enforced against Mr Booth without prior leave of the Court.