Gheewala v Compendium [2001] JRC 162 (27 July 2001)

Gheewala v Compendium [2001] JRC 162 (27 July 2001)

Where an order for costs was made by the Royal Court before 1st June 1999 and that order is reversed by the Court of Appeal after 1st June 1999, fairness and equity require that the costs be assessed by reference to the scale of costs that would have applied to the original order, not the new standard basis. The Practice Direction is not binding in such exceptional circumstances.

Citation
[2001] JRC 162
Parties
Appellant: Second and Eighth Defendants; Respondent: Plaintiff
Jurisdiction
Jersey
Judgment Date
27 July 2001
Procedural Posture
Civil Appeal / Appeal Against Taxation of Costs Order
Outcome
Appeal allowed
Legal Topics
Taxation of Costs, Retrospective Application of Procedural Rules, Practice Directions, Standard Basis Vs Taxed Costs
Civil Procedure Taxation of Costs Retrospective Application of Procedural Rules Practice Directions Standard Basis Vs Taxed Costs

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Parties

Second and Eighth Defendants

Appellant

Plaintiff

Respondent

Procedural Posture

Civil Appeal / Appeal Against Taxation of Costs Order

Legal Issues

  1. 1 Whether costs relating to proceedings before the Royal Court should be taxed under the new standard basis or the old fixed scale of costs when the order for costs was made before the change but reversed after the change
  2. 2 Whether the Practice Direction on standard basis taxation is binding or discretionary in exceptional circumstances

Ratio Decidendi

Where an order for costs was made by the Royal Court before 1st June 1999 and that order is reversed by the Court of Appeal after 1st June 1999, fairness and equity require that the costs be assessed by reference to the scale of costs that would have applied to the original order, not the new standard basis. The Practice Direction is not binding in such exceptional circumstances.

Court Disposition

Appeal allowed

Orders

  • The Greffier Substitute is ordered to tax the Plaintiff's costs in relation to the hearing before the Royal Court by reference to the December 1994 fixed scale of costs.