Pell Frischmann v Bow Valley [2007] JLR 479 (26 July 2007)

Pell Frischmann v Bow Valley [2007] JLR 479 (26 July 2007)

The court has discretion to depart from the general rule on costs and may make separate orders to reflect the outcome of different issues, particularly in commercial cases where the classification of parties as 'winner' and 'loser' may not be appropriate.

Citation
[2007] JLR 479
Parties
Applicant: Pell Frischmann; Respondent: Bow Valley
Jurisdiction
Jersey
Judgment Date
26 July 2007
Procedural Posture
Civil / Costs Ruling
Outcome
Costs order reflecting outcome of different issues; not all costs awarded to successful party.
Legal Topics
Costs, Discretion of Court, Allocation of Costs
Civil Procedure Costs Discretion of Court Allocation of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Pell Frischmann

Applicant

Bow Valley

Respondent

Procedural Posture

Civil / Costs Ruling

Legal Issues

  1. 1 Whether the court should depart from the general rule that costs follow the event
  2. 2 Whether classification of parties as 'winner' and 'loser' is appropriate in commercial cases
  3. 3 Whether a successful party may be deprived of costs for unsuccessful issues that increased proceedings

Ratio Decidendi

The court has discretion to depart from the general rule on costs and may make separate orders to reflect the outcome of different issues, particularly in commercial cases where the classification of parties as 'winner' and 'loser' may not be appropriate.

Court Disposition

Costs order reflecting outcome of different issues; not all costs awarded to successful party.