Tomes v Coke Wallis Leave to appeal against costs [2002] JRC 10 (14 January 2002)

Tomes v Coke Wallis Leave to appeal against costs [2002] JRC 10 (14 January 2002)

Leave to appeal against the costs order is refused because the defendants' grounds relate to the merits of the main decision, not the costs order, and there is no realistic prospect of success for an appeal against costs only.

Citation
[2002] JRC 10
Parties
Plaintiff: Mr Tomes; Defendant: Mr Coke-Wallis; Defendant: Cototrust (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
14 January 2002
Procedural Posture
Application for Leave to Appeal / Post Judgment, Costs Order
Outcome
leave to appeal refused
Legal Topics
Costs Orders, Leave to Appeal, Injunctions, Contempt of Court
Civil Procedure Costs Orders Leave to Appeal Injunctions Contempt of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Tomes

Plaintiff

Mr Coke-Wallis

Defendant

Cototrust (Jersey) Limited

Defendant

Procedural Posture

Application for Leave to Appeal / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against an order for costs only
  2. 2 Whether the grounds of appeal have a realistic prospect of success

Ratio Decidendi

Leave to appeal against the costs order is refused because the defendants' grounds relate to the merits of the main decision, not the costs order, and there is no realistic prospect of success for an appeal against costs only.

Court Disposition

leave to appeal refused

Orders

  • Defendants to pay the costs of this application on the standard basis.