Jersey Judgment

Murphy v Collins [2000] JLR 276 (31 July 2000)

Civil Procedure Pleading Costs Practice Direction Time Limits

Citation: [2000] JLR 276
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Interlocutory

More details

Posture: Civil / Interlocutory

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

Costs are not to be automatically awarded against an advocate who fails to file an answer within the prescribed time-limit if the delay is due to the need to assess the other party's case.

Court disposition

costs not automatically awarded

Material facts

Parties

Murphy

Applicant

Collins

Respondent

Procedural history

Posture

Civil / Interlocutory

Questions and positions

Legal issues

Whether costs should automatically be awarded against an advocate prevented from filing an answer within the prescribed time-limit

Party arguments

Applicant: Applicant contended that costs should be awarded against the advocate for failing to file an answer within the time-limit prescribed by Practice Direction (Royal Court) (Hearing: Production and content of bundles) (99/15).
Respondent: Respondent argued that additional time was needed to assess the other party's case and that costs should not be automatically awarded.

Court’s reasoning

Legal principles

01
Practice Direction (Royal Court) (Hearing: Production and content of bundles) (99/15)

No automatic award of costs against an advocate prevented from filing an answer within the prescribed time-limit if time is needed to assess the other party's case.

Ratio, limits and disposition

Ratio decidendi

Costs are not to be automatically awarded against an advocate who fails to file an answer within the prescribed time-limit if the delay is due to the need to assess the other party's case.

Court disposition

costs not automatically awarded

Source and reliance status

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Judgment text

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Court record

Judgment

[2000] JLR 276

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BAILII >> Databases >> Jersey Law Reports >> Murphy v Collins [2000] JLR 276 (31 July 2000) URL: https://www.bailii.org/je/cases/JLR/2000/JLR000276.html Cite as: [2000] JLR 276 [ New search ] [ Help ] Murphy v Collins 2000 JLR 276 (31 July 2000) Civil Procedure - pleading - answer - no costs automatically against advocate prevented from filing answer within time-limit prescribed by Practice Direction (Royal Court) (Hearing: Production and content of bundles) (99/15) if time needed to assess other party's case The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2000 JLR 276 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2000/JLR000276.html

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