Pearce v. States Treasurer [2016] 1 JLR 435 (02 June 2016)

Pearce v. States Treasurer [2016] 1 JLR 435 (02 June 2016)

Unless there is an apparent breach of the indemnity principle, the Law Officers' Department may recover Factor 'B' costs on behalf of a public sector entity.

Citation
[2016] 1 JLR 435
Parties
Applicant: Pearce; Respondent: States Treasurer
Jurisdiction
Jersey
Judgment Date
02 June 2016
Procedural Posture
Civil / Costs Taxation
Outcome
Law Officers' Department may recover Factor 'B' costs unless indemnity principle breached.
Legal Topics
Costs, Taxation of Costs, Factor 'b' Rates, Indemnity Principle
Civil Procedure Costs Taxation of Costs Factor 'b' Rates Indemnity Principle

Case Brief

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Parties

Pearce

Applicant

States Treasurer

Respondent

Procedural Posture

Civil / Costs Taxation

Legal Issues

  1. 1 Whether the Law Officers' Department may recover Factor 'B' costs on behalf of a public sector entity
  2. 2 Whether the Attorney General's supervision of staff entitles recovery of Factor 'B' uplift
  3. 3 Whether claim for 100% Factor 'B' uplift prompts enquiry

Ratio Decidendi

Unless there is an apparent breach of the indemnity principle, the Law Officers' Department may recover Factor 'B' costs on behalf of a public sector entity.

Court Disposition

Law Officers' Department may recover Factor 'B' costs unless indemnity principle breached.