Riley v Pickersgill [2002] JLR 196 (25 February 2002)

Riley v Pickersgill [2002] JLR 196 (25 February 2002)

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.

Citation
[2002] JLR 196
Parties
Applicant: Riley; Respondent: Pickersgill
Jurisdiction
Jersey
Judgment Date
25 February 2002
Procedural Posture
Civil / Costs Determination
Outcome
after-the-event insurance premium not recoverable as costs
Legal Topics
Costs of the Action, After the Event Insurance, Court's Inherent Jurisdiction
Civil Procedure Costs of the Action After the Event Insurance Court's Inherent Jurisdiction

Case Brief

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Parties

Riley

Applicant

Pickersgill

Respondent

Procedural Posture

Civil / Costs Determination

Legal Issues

  1. 1 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)
  2. 2 Whether such a premium satisfies the 'necessity' test for the exercise of the court's inherent jurisdiction to award costs

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