Tomes -v- Piers Coke-Wallis, Coke-Wallis Jones De Polignac Trustees (Jersey) Limited, Natalie Coke-Wallis, Rombaut and Quinn [2002] JRC 184 (09 October 2002)

Tomes -v- Piers Coke-Wallis, Coke-Wallis Jones De Polignac Trustees (Jersey) Limited, Natalie Coke-Wallis, Rombaut and Quinn [2002] JRC 184 (09 October 2002)

The Court has no jurisdiction to grant a stay of execution of taxed costs where no appeal is in being, and even if jurisdiction existed, there is no realistic prospect of successful appeal nor evidence that enforcement would render any appeal nugatory. Costs orders, once taxed, are payable forthwith regardless of the outcome of the main action.

Citation
[2002] JRC 184
Parties
Defendant: Mr Coke-Wallis; Defendant: Mrs Coke-Wallis; Defendant: Coke-Wallis De Polignac Trustees (Jersey) Limited; Plaintiff: Mr Tomes; Plaintiff: Mr Rombaut
Jurisdiction
Jersey
Judgment Date
09 October 2002
Procedural Posture
Application for Stay of Execution of Taxed Costs / Post Interlocutory, Pending Trial or Appeal
Outcome
application refused
Legal Topics
Stay of Execution, Taxation of Costs, Appeals, Interlocutory Orders
Civil Procedure Costs Stay of Execution Taxation of Costs Appeals Interlocutory Orders

Case Brief

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Parties

Mr Coke-Wallis

Defendant

Mrs Coke-Wallis

Defendant

Coke-Wallis De Polignac Trustees (Jersey) Limited

Defendant

Mr Tomes

Plaintiff

Mr Rombaut

Plaintiff

Procedural Posture

Application for Stay of Execution of Taxed Costs / Post Interlocutory, Pending Trial or Appeal

Legal Issues

  1. 1 Whether the Court has jurisdiction to grant a stay of execution of taxed costs pending trial or appeal
  2. 2 Whether a stay should be granted pending appeal or trial
  3. 3 Effect of interlocutory costs orders

Ratio Decidendi

The Court has no jurisdiction to grant a stay of execution of taxed costs where no appeal is in being, and even if jurisdiction existed, there is no realistic prospect of successful appeal nor evidence that enforcement would render any appeal nugatory. Costs orders, once taxed, are payable forthwith regardless of the outcome of the main action.

Court Disposition

application refused

Orders

  • Refusal to order a stay of execution of two taxed bills of costs
  • Refusal to order a stay of all future taxed costs