Incat -v- Luba Freeport [2010] JRC 165 (07 September 2010)

Incat -v- Luba Freeport [2010] JRC 165 (07 September 2010)

The correct test on appeal from taxation is that set out in Downes-v-Marshall, giving deference to the Greffier's discretion and only intervening for error in principle or injustice. The Greffier correctly applied Rule 12/7 in allowing DLA Piper's fees at rates not exceeding Jersey comparators, and was not required to inspect DLA Piper's files given the detailed bill and lack of specific objections. The appeal is dismissed.

Citation
[2010] JRC 165
Parties
Appellant: Plaintiffs; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
07 September 2010
Procedural Posture
Civil Appeal / Appeal Against Taxation of Costs
Outcome
appeal dismissed
Legal Topics
Taxation of Costs, Appeal Standards, Recoverability of Foreign Lawyers' Fees
Civil Procedure Costs Taxation of Costs Appeal Standards Recoverability of Foreign Lawyers' Fees

Case Brief

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Parties

Plaintiffs

Appellant

Defendant

Respondent

Procedural Posture

Civil Appeal / Appeal Against Taxation of Costs

Legal Issues

  1. 1 What is the correct test for the Royal Court to apply on appeal from a taxation of costs by the Greffier?
  2. 2 Are the costs of foreign lawyers (DLA Piper) recoverable and if so, at what rates?
  3. 3 Was the Greffier required to inspect the foreign lawyer's files to properly assess the bill of costs?

Ratio Decidendi

The correct test on appeal from taxation is that set out in Downes-v-Marshall, giving deference to the Greffier's discretion and only intervening for error in principle or injustice. The Greffier correctly applied Rule 12/7 in allowing DLA Piper's fees at rates not exceeding Jersey comparators, and was not required to inspect DLA Piper's files given the detailed bill and lack of specific objections. The appeal is dismissed.

Court Disposition

appeal dismissed