Crociani -v- Crociani [2016] JRC 195 (27 October 2016)

Crociani -v- Crociani [2016] JRC 195 (27 October 2016)

The Court has jurisdiction under its case management powers to approve the use of electronic bundles, transcription, and translation services for trial and to order that their costs be shared pro tem among the principal parties, as these are costs of the action or incidental thereto. The order is not a pre-emptive costs order but a temporary allocation, subject to final determination by the trial judge.

Citation
[2016] JRC 195
Parties
Plaintiff: Plaintiffs; Defendant: First, Second and Fourth Defendants; Defendant: Third and Seventh Defendants; Defendant: Fifth Defendant; Defendant: Sixth Defendant; Defendant: Eighth Defendant
Jurisdiction
Jersey
Judgment Date
27 October 2016
Procedural Posture
Civil / Pre Trial Case Management Order
Outcome
application granted
Legal Topics
Costs Orders, Electronic Bundles, Case Management Powers, Trial Preparation
Civil Procedure Costs Orders Electronic Bundles Case Management Powers Trial Preparation

Case Brief

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Parties

Plaintiffs

Plaintiff

First, Second and Fourth Defendants

Defendant

Third and Seventh Defendants

Defendant

Fifth Defendant

Defendant

Sixth Defendant

Defendant

Eighth Defendant

Defendant

Procedural Posture

Civil / Pre Trial Case Management Order

Legal Issues

  1. 1 Whether the Court can order the use of electronic bundles, live transcription, and translation services for trial and allocate their costs pro tem among parties.
  2. 2 Whether such costs are part of the costs of the action and within the Court's case management powers.

Ratio Decidendi

The Court has jurisdiction under its case management powers to approve the use of electronic bundles, transcription, and translation services for trial and to order that their costs be shared pro tem among the principal parties, as these are costs of the action or incidental thereto. The order is not a pre-emptive costs order but a temporary allocation, subject to final determination by the trial judge.

Court Disposition

application granted

Orders

  • Permission granted for use of Opus 2 for electronic bundles, live transcription, and translation services at trial.
  • Costs of these services to be met one third by plaintiffs, one third by third and seventh defendants, and one third by first, second and fourth defendants, on a pro tem basis.