Piazza -v- Dominion Fiduciary Services and Others [2014] JRC 145 (22 July 2014)

Piazza -v- Dominion Fiduciary Services and Others [2014] JRC 145 (22 July 2014)

Dominion Managed Services resisted an appeal despite a clear error of law by the Employment Tribunal; fairness dictates Mr Piazza should have his costs on the standard basis, but the conduct does not warrant indemnity costs. No order against the States of Jersey for the costs deficit as severe financial hardship was not established.

Citation
[2014] JRC 145
Parties
Applicant: Mr Piazza; Respondent: Dominion Managed Services
Jurisdiction
Jersey
Judgment Date
22 July 2014
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Costs awarded to Mr Piazza on the standard basis against Dominion Managed Services; no order for indemnity costs; no order against the States of Jersey.
Legal Topics
Costs, Appeals, Case Management, Statutory Remedies
Employment Law Civil Procedure Costs Appeals Case Management Statutory Remedies

Case Brief

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Parties

Mr Piazza

Applicant

Dominion Managed Services

Respondent

Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded against Dominion Managed Services on the indemnity basis
  2. 2 Whether the conduct of Dominion Managed Services justified indemnity costs
  3. 3 Whether an order for costs should be made against the States of Jersey for the costs deficit

Ratio Decidendi

Dominion Managed Services resisted an appeal despite a clear error of law by the Employment Tribunal; fairness dictates Mr Piazza should have his costs on the standard basis, but the conduct does not warrant indemnity costs. No order against the States of Jersey for the costs deficit as severe financial hardship was not established.

Court Disposition

Costs awarded to Mr Piazza on the standard basis against Dominion Managed Services; no order for indemnity costs; no order against the States of Jersey.

Orders

  • Dominion Managed Services to pay Mr Piazza's costs of and incidental to the appeal on the standard basis.
  • No order for indemnity costs.