Representation of Kaplan [2009] JRC 105 (15 June 2009)

Representation of Kaplan [2009] JRC 105 (15 June 2009)

Where a Saisie Judiciaire is discharged at the instance of the defendant, and the defendant is successful only on the exercise of discretion, it is appropriate to order that a proportion of the defendant's costs be paid by the Attorney General.

Citation
[2009] JRC 105
Parties
Applicant: Mr Harvey Hills; Defendant: Mr Kaplan; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
15 June 2009
Procedural Posture
Costs Application / Post Judgment
Outcome
partially allowed
Legal Topics
Costs, Asset Restraint, Proceeds of Crime
Criminal Law Civil Procedure Costs Asset Restraint Proceeds of Crime

Case Brief

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Parties

Mr Harvey Hills

Applicant

Mr Kaplan

Defendant

Attorney General

Respondent

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether costs should follow the event when a Saisie Judiciaire is discharged at the defendant's instance
  2. 2 Whether partial success on the exercise of discretion justifies a partial costs order

Ratio Decidendi

Where a Saisie Judiciaire is discharged at the instance of the defendant, and the defendant is successful only on the exercise of discretion, it is appropriate to order that a proportion of the defendant's costs be paid by the Attorney General.

Court Disposition

partially allowed

Orders

  • Attorney General to pay fifty percent of Mr Kaplan's costs on the standard basis