Riley v Pickersgill Le Cornu [2002] JRC 45 (25 January 2002)

Riley v Pickersgill Le Cornu [2002] JRC 45 (25 January 2002)

The after the event insurance premium is not recoverable as part of the 'costs of the action' under the Royal Court's order, as the expression is to be interpreted narrowly and does not encompass such premiums. The court's inherent jurisdiction does not permit recovery of the premium, and statutory provisions allowing such recovery in the UK do not apply in Jersey.

Citation
[2002] JRC 45
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
25 January 2002
Procedural Posture
Civil / Post Judgment Application for Recovery of After the Event Insurance Premium as Costs
Outcome
Application refused
Legal Topics
Recoverability of After the Event Insurance Premiums, Interpretation of 'costs of the Action', Inherent Jurisdiction of the Court, Application of UK Legal Developments in Jersey
Civil Procedure Costs Recoverability of After the Event Insurance Premiums Interpretation of 'costs of the Action' Inherent Jurisdiction of the Court Application of UK Legal Developments in Jersey

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Post Judgment Application for Recovery of After the Event Insurance Premium as Costs

Legal Issues

  1. 1 Whether the after the event insurance premium is recoverable as part of the costs of the action under the Royal Court's order
  2. 2 Whether the court's inherent jurisdiction allows recovery of the insurance premium

Ratio Decidendi

The after the event insurance premium is not recoverable as part of the 'costs of the action' under the Royal Court's order, as the expression is to be interpreted narrowly and does not encompass such premiums. The court's inherent jurisdiction does not permit recovery of the premium, and statutory provisions allowing such recovery in the UK do not apply in Jersey.

Court Disposition

Application refused

Orders

  • Application for recovery of the insurance premium of £23,330 refused.
  • Plaintiff to pay the Defendants' costs of this application on the standard basis.