RH v AG [2007] JRC 083 (16 April 2007)

RH v AG [2007] JRC 083 (16 April 2007)

Despite the inordinate delay, the applicant was put to expense by a mistake of the Law Officers' Department, justifying a partial award of costs limited to specific sums directly resulting from the error.

Citation
[2007] JRC 083
Parties
Applicant: R. H.; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
16 April 2007
Procedural Posture
Representation for Costs in Curatorship Proceedings / Post Judgment Application for Costs
Outcome
partially allowed
Legal Topics
Costs, Curatorship, Delay in Application, Public Funds Liability
Civil Procedure Mental Capacity Law Costs Curatorship Delay in Application Public Funds Liability

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Parties

R. H.

Applicant

Attorney General

Respondent

Procedural Posture

Representation for Costs in Curatorship Proceedings / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether the applicant is entitled to an order for costs against the Attorney General arising from curatorship proceedings
  2. 2 Whether the delay in applying for costs bars the claim

Ratio Decidendi

Despite the inordinate delay, the applicant was put to expense by a mistake of the Law Officers' Department, justifying a partial award of costs limited to specific sums directly resulting from the error.

Court Disposition

partially allowed

Orders

  • Attorney General to pay Mr H. £667.50 from public funds, comprising £567.50 for legal fees and £100 for court stamps.
  • Mr H. invited to submit a brief written claim for a small fixed sum for costs of returning to court, with Solicitor General to respond within ten days.