1998/209 - Fields v Parish Rate Appeal Board [1998] UR 209 (21 October 1998)

1998/209 - Fields v Parish Rate Appeal Board [1998] UR 209 (21 October 1998)

Given the unique circumstances of the case, the novelty of the Board's existence, and the need to avoid the rate payer being unfairly out of pocket, indemnity costs are awarded to the Representor, despite the absence of bad faith or improper conduct by the Board.

Citation
[1998] UR 209
Parties
Representor: Fiona Catherina Fields, née Harvie-Smith; Respondent: Parish Rate Appeal Board
Jurisdiction
Jersey
Judgment Date
21 October 1998
Procedural Posture
Judicial Review / Judgment on Costs
Outcome
Indemnity costs awarded to the Representor.
Legal Topics
Costs, Indemnity Costs, Judicial Review, Assessment of Rateable Value
Administrative Law Local Government Law Costs Indemnity Costs Judicial Review Assessment of Rateable Value

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Parties

Fiona Catherina Fields, née Harvie-Smith

Representor

Parish Rate Appeal Board

Respondent

Procedural Posture

Judicial Review / Judgment on Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the Parish Rate Appeal Board following a successful judicial review of its decision on rateable value assessment.

Ratio Decidendi

Given the unique circumstances of the case, the novelty of the Board's existence, and the need to avoid the rate payer being unfairly out of pocket, indemnity costs are awarded to the Representor, despite the absence of bad faith or improper conduct by the Board.

Court Disposition

Indemnity costs awarded to the Representor.

Orders

  • Order for indemnity costs in favour of the Representor against the Parish Rate Appeal Board.
  • Application by Respondent for leave to appeal against the costs order refused.