Riley v Pickersgill [2002] JLR 196 (25 February 2002)
- Citation
- [2002] JLR 196
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Costs Determination
More details
- Posture
- Civil / Costs Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
An after-the-event insurance premium is not recoverable as part of the 'costs of the action' under the Civil Proceedings (Jersey) Law 1956, art. 2(1), nor does it satisfy the necessity test for the court's inherent jurisdiction to award costs.
Court disposition
after-the-event insurance premium not recoverable as costs
02
Material facts
Parties
Riley
ApplicantPickersgill
Respondent03
Procedural history
Posture
Civil / Costs Determination
04
Questions and positions
Legal issues
- 01
Whether an after-the-event insurance premium is recoverable as part of the 'costs of the action' under the Civil Proceedings (Jersey) Law 1956, art. 2(1)
- 02
Whether such a premium satisfies the 'necessity' test for the exercise of the court's inherent jurisdiction to award costs
Party arguments
- Applicant
- The applicant sought to include the after-the-event insurance premium as part of the recoverable costs of the action.
- Respondent
- The respondent argued that the premium was not recoverable as it did not fall within the statutory definition of 'costs of the action' and did not meet the necessity test.
05
Court’s reasoning
Legal principles
- 01
Civil Proceedings (Jersey) Law 1956, art. 2(1)
The expression 'costs of the action' is narrower in meaning than 'costs of and incidental to all proceedings' as used in the Civil Proceedings (Jersey) Law 1956, art. 2(1).
- 02
Court's inherent jurisdiction
An after-the-event insurance premium is not part of the 'costs of the action' and does not satisfy the necessity test required for the exercise of the court's inherent jurisdiction to award costs.
06
Ratio, limits and disposition
Ratio decidendi
An after-the-event insurance premium is not recoverable as part of the 'costs of the action' under the Civil Proceedings (Jersey) Law 1956, art. 2(1), nor does it satisfy the necessity test for the court's inherent jurisdiction to award costs.
Court disposition
after-the-event insurance premium not recoverable as costs
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Riley v Pickersgill [2002] JLR 196 (25 February 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020196.html Cite as: [2002] JLR 196 [ New search ] [ Help ] Riley v Pickersgill 2002 JLR 196 (25 February 2002) Civil Procedure-costs-"costs of the action"-expression narrower in meaning than "costs of and incidental to all proceedings" in Civil Proceedings (Jersey) Law 1956, art. 2(1)-"after-the-event" insurance premium not part of "costs of the action"-does not satisfy "necessity" test required for exercise of court's inherent jurisdiction to award costs The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2002 JLR 196 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020196.html
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