Yates -v- Reg's Skips [2008] JRC 088 (03 June 2008)

Yates -v- Reg's Skips [2008] JRC 088 (03 June 2008)

The Minister for Planning and the Environment, through his Department, encouraged the defendant to move its business to Heatherbrae Farm without proper anticipation of the effects on neighbours, and failed to take appropriate advice. The Minister must bear some responsibility for the breach of duty of voisinage and is ordered to contribute twenty-five percent of plaintiffs' costs.

Citation
[2008] JRC 088
Parties
Applicant: Plaintiffs; Respondent: Defendant Company; Non Party: Minister for Planning and the Environment
Jurisdiction
Jersey
Judgment Date
03 June 2008
Procedural Posture
Costs Application / Post Judgment, Post Appeal
Outcome
Plaintiffs awarded costs on the standard basis; defendant entitled to recover twenty-five percent of those costs from the Minister.
Legal Topics
Costs, Non Party Costs Orders, Duty of Voisinage, Planning Permission, Noise Nuisance
Civil Procedure Planning Law Nuisance Costs Non Party Costs Orders Duty of Voisinage Planning Permission Noise Nuisance

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Parties

Plaintiffs

Applicant

Defendant Company

Respondent

Minister for Planning and the Environment

Non Party

Procedural Posture

Costs Application / Post Judgment, Post Appeal

Legal Issues

  1. 1 Whether the Minister for Planning and the Environment should contribute to the plaintiffs' costs as a non-party
  2. 2 Whether the defendant company and Minister are jointly responsible for breach of duty of voisinage

Ratio Decidendi

The Minister for Planning and the Environment, through his Department, encouraged the defendant to move its business to Heatherbrae Farm without proper anticipation of the effects on neighbours, and failed to take appropriate advice. The Minister must bear some responsibility for the breach of duty of voisinage and is ordered to contribute twenty-five percent of plaintiffs' costs.

Court Disposition

Plaintiffs awarded costs on the standard basis; defendant entitled to recover twenty-five percent of those costs from the Minister.

Orders

  • Defendant to pay plaintiffs' costs on the standard basis.
  • Defendant entitled to recover twenty-five percent of plaintiffs' costs from the Minister.