Jersey Judgment

Payne v Pirunico Trustees Ltd. [1999] JLR 111 (27 May 1999)

Civil Procedure Guardian Ad Litem Liability for Costs

Citation: [1999] JLR 111
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Interlocutory

More details

Posture: Civil / Interlocutory

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Professional case brief

Research organized from the available case record

Source document

Holding and result

An opposing party with a sufficient interest may seek to set aside the appointment of an impecunious guardian ad litem due to the uncertainty of liability for costs awarded against a minor.

Court disposition

uncertain; interlocutory clarification

Material facts

Parties

Payne

Minor

Pirunico Trustees Ltd.

Opposing Party

Procedural history

Posture

Civil / Interlocutory

Questions and positions

Legal issues

01
Whether a guardian ad litem may be liable for costs awarded against a minor
02
Whether an opposing party has sufficient interest to seek to set aside the appointment of an impecunious guardian ad litem

Party arguments

Applicant: The opposing party has sufficient interest to challenge the appointment of a guardian ad litem who is impecunious, due to potential liability for costs.
Respondent: It is uncertain whether a guardian ad litem may be liable for costs awarded against a minor.

Court’s reasoning

Legal principles

01
[1999] JLR 111

A party with a sufficient interest may seek to set aside the appointment of a guardian ad litem if the guardian is impecunious and there is uncertainty regarding liability for costs.

Ratio, limits and disposition

Ratio decidendi

An opposing party with a sufficient interest may seek to set aside the appointment of an impecunious guardian ad litem due to the uncertainty of liability for costs awarded against a minor.

Court disposition

uncertain; interlocutory clarification

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1999] JLR 111

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