W -v- Jersey Financial Services Commission [2015] JRC 054A (11 March 2015)

W -v- Jersey Financial Services Commission [2015] JRC 054A (11 March 2015)

The appellant's conduct did not take the case out of the norm to justify indemnity costs. Standard costs are appropriate as the appellant was unsuccessful in the appeal, and public authority status does not preclude a costs order against the appellant.

Source-derived case information.

Citation
[2015] JRC 054A
Parties
Appellant: W; Respondent: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
11 March 2015
Procedural Posture
Administrative Appeal / Post Appeal Costs Determination
Outcome
Costs order on the standard basis against the appellant.
Legal Topics
Costs, Disclosure, Abuse of Process, Public Authority Litigation
Civil Procedure Administrative Law Costs Disclosure Abuse of Process Public Authority Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

W

Appellant

Jersey Financial Services Commission

Respondent

Procedural Posture

Administrative Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the appellant
  2. 2 Whether the appellant's conduct constituted abuse of process
  3. 3 Appropriate basis for costs order in appeals involving public authorities

Ratio Decidendi

The appellant's conduct did not take the case out of the norm to justify indemnity costs. Standard costs are appropriate as the appellant was unsuccessful in the appeal, and public authority status does not preclude a costs order against the appellant.

Court Disposition

Costs order on the standard basis against the appellant.

Orders

  • Appellant to pay the costs of the Commission of and incidental to the appeal on the standard basis.