Flynn -v- Reid [2012] JRC 121A (18 June 2012)

Flynn -v- Reid [2012] JRC 121A (18 June 2012)

Given the Plaintiff succeeded on only one of four grounds and both parties were on legal aid, the justice of the case required apportionment of costs: Defendant to pay 60% of Plaintiff's costs (capped at £16,000), Plaintiff to pay 40% of Defendant's costs (capped at £8,000), reflecting partial success and the capped legal aid exposure.

Citation
[2012] JRC 121A
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 June 2012
Procedural Posture
Civil (quasi Matrimonial Property Dispute) / Post Judgment, Costs Determination
Outcome
Costs apportioned: Defendant to pay 60% of Plaintiff's costs (capped at £16,000); Plaintiff to pay 40% of Defendant's costs (capped at £8,000).
Legal Topics
Costs, Unjust Enrichment, Quasi Matrimonial Proceedings, Legal Aid, Apportionment of Costs
Civil Law Family Law Property Law Costs Unjust Enrichment Quasi Matrimonial Proceedings Legal Aid Apportionment of Costs

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil (quasi Matrimonial Property Dispute) / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether costs should follow the event in quasi-matrimonial proceedings
  2. 2 How to apportion costs where both parties are partially successful and on legal aid
  3. 3 Whether to cap costs exposure for each party

Ratio Decidendi

Given the Plaintiff succeeded on only one of four grounds and both parties were on legal aid, the justice of the case required apportionment of costs: Defendant to pay 60% of Plaintiff's costs (capped at £16,000), Plaintiff to pay 40% of Defendant's costs (capped at £8,000), reflecting partial success and the capped legal aid exposure.

Court Disposition

Costs apportioned: Defendant to pay 60% of Plaintiff's costs (capped at £16,000); Plaintiff to pay 40% of Defendant's costs (capped at £8,000).

Orders

  • Defendant to pay 60% of Plaintiff's costs, not exceeding £16,000.
  • Plaintiff to pay 40% of Defendant's costs, not exceeding £8,000.