Newman v de Lima and Anor [2018] JRC 185 (03 October 2018)

Newman v de Lima and Anor [2018] JRC 185 (03 October 2018)

The court possesses jurisdiction to order interim payments on account of disbursements in complex cases where liability has been admitted, but such discretion must be exercised cautiously and only in exceptional circumstances. In this case, the complexity and admitted liability justified a further payment for medical expert disbursements, but not for counsel's fees or financial experts, as these were either not permitted or premature.

Citation
[2018] JRC 185
Parties
Plaintiff: Mr Newman; Defendants: de Lima and Anor
Jurisdiction
Jersey
Judgment Date
03 October 2018
Procedural Posture
Personal Injury / Interlocutory Application for Interim Payment on Account of Disbursements
Outcome
Application partially granted
Legal Topics
Interim Payments, Disbursements, Costs, Access to Justice
Civil Procedure Personal Injury Interim Payments Disbursements Costs Access to Justice

Case Brief

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Parties

Mr Newman

Plaintiff

de Lima and Anor

Defendants

Procedural Posture

Personal Injury / Interlocutory Application for Interim Payment on Account of Disbursements

Legal Issues

  1. 1 Whether the court has jurisdiction to order a payment on account of disbursements before final determination of costs
  2. 2 Whether exceptional circumstances exist to justify such an order
  3. 3 Whether counsel's fees and financial expert costs qualify as disbursements for interim payment

Ratio Decidendi

The court possesses jurisdiction to order interim payments on account of disbursements in complex cases where liability has been admitted, but such discretion must be exercised cautiously and only in exceptional circumstances. In this case, the complexity and admitted liability justified a further payment for medical expert disbursements, but not for counsel's fees or financial experts, as these were either not permitted or premature.

Court Disposition

Application partially granted

Orders

  • Defendants to make a further payment of £50,000 on account of permitted medical expert disbursements
  • No interim payment ordered for counsel's fees or financial expert costs