S v T (Matrimonial) [2023] JRC 113 (03 July 2023)

S v T (Matrimonial) [2023] JRC 113 (03 July 2023)

Leave to appeal was granted because there was a risk that Commissioner Clyde-Smith took into account irrelevant material (Contempt Judgment) when making the costs order, satisfying the test for leave to appeal discretionary decisions.

Citation
[2023] JRC 113
Parties
Applicant: S; Respondent: T
Jurisdiction
Jersey
Judgment Date
03 July 2023
Procedural Posture
Leave to Appeal (costs Order) / Application for Leave to Appeal Costs Judgment
Outcome
Leave to appeal granted; extension of time allowed.
Legal Topics
Costs Orders, Appeals, Discretionary Decisions, Contempt of Court
Civil Procedure Family Law Costs Orders Appeals Discretionary Decisions Contempt of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S

Applicant

T

Respondent

Procedural Posture

Leave to Appeal (costs Order) / Application for Leave to Appeal Costs Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against a discretionary costs order
  2. 2 Whether irrelevant material (Contempt Judgment) was taken into account in the costs decision

Ratio Decidendi

Leave to appeal was granted because there was a risk that Commissioner Clyde-Smith took into account irrelevant material (Contempt Judgment) when making the costs order, satisfying the test for leave to appeal discretionary decisions.

Court Disposition

Leave to appeal granted; extension of time allowed.

Orders

  • Timetable set for filing contentions.
  • Appeal to be heard before same Court of Appeal if possible.