Booth (A.P.) v Viscount and Anor [2022] JCA 231 (31 October 2022)

Booth (A.P.) v Viscount and Anor [2022] JCA 231 (31 October 2022)

The court held that the balance falls in favour of awarding the Respondents the full amount of their taxed costs because Mr Booth lost on all grounds, raised peripheral issues, pursued the appeal in his own financial interests, and the supposed legal principle on which leave to appeal was granted did not withstand scrutiny. The court found no sufficiently persuasive considerations to depart from the general rule that costs follow the event.

Citation
[2022] JCA 231
Parties
Appellant: Mr Booth; Respondents: Viscount and Anor
Jurisdiction
Jersey
Judgment Date
31 October 2022
Procedural Posture
Appeal / Costs Judgment Following Dismissal of Appeal
Outcome
Appellant ordered to pay full taxed costs of Respondents for the appeal.
Legal Topics
Costs, Appeal, Discretion in Awarding Costs
Civil Procedure Costs Appeal Discretion in Awarding Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Booth

Appellant

Viscount and Anor

Respondents

Procedural Posture

Appeal / Costs Judgment Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant should pay full or partial costs of the appeal after dismissal

Ratio Decidendi

The court held that the balance falls in favour of awarding the Respondents the full amount of their taxed costs because Mr Booth lost on all grounds, raised peripheral issues, pursued the appeal in his own financial interests, and the supposed legal principle on which leave to appeal was granted did not withstand scrutiny. The court found no sufficiently persuasive considerations to depart from the general rule that costs follow the event.

Court Disposition

Appellant ordered to pay full taxed costs of Respondents for the appeal.

Orders

  • Mr Booth to pay the full amount of the Respondents' taxed costs of and incidental to the appeal.
  • Costs order not enforceable without further order of the Royal Court.