Jersey Case Law

Geneva Trust Company SA v D and Ors

Geneva Trust Company SA v D and Ors [2024] JRC 128 (06 June 2024)

The Royal Court refused late amendments to a notice of appeal, refused fresh evidence, and adjourned the appeal pending any challenge to that ruling.

• Appeals
• Amendment of pleadings
• Taxation of costs
• Admission of fresh evidence
• Extension of time
• Amendment-of-appeal

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Z v Hawksford Trust Company Jersey Limited and Ors

Z v Hawksford Trust Company Jersey Limited and Ors [2024] JRC 001 (03 January 2024)

The Jersey Royal Court ordered Z to pay £501,964.68 on account of costs to Hawksford Defendants after Norwich Pharmacal disclosure proceedings and a costs summons.

• Norwich pharmacal orders
• Costs on indemnity basis
• Taxation of costs
• Payment on account
• Disclosure orders
• Norwich-pharmacal-orders

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XY and A Limited v The Chief Officer of the States of Jersey Police

XY and A Limited v The Chief Officer of the States of Jersey Police [2023] JRC 020 (23 January 2023)

The Royal Court of Jersey held that a consent order for costs covered only costs up to 9 November 2022. Each party bears its own costs after that date.

• Costs
• Taxation of costs
• Consent orders
• Search warrants
• Unlawful search
• Taxation-of-costs

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Toorani v Toorani 26-Sep-2019

Toorani v Toorani 26-Sep-2019 [2019] JRC 192 (26 September 2019)

The court held that a consent order barring the interveners from further participation applied to taxation of costs as part of the same proceedings.

• Construction of consent orders
• Participation in proceedings
• Taxation of costs
• Enforcement of costs orders
• Construction-of-consent-orders
• Taxation-of-costs

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Neville -v- AG

Neville -v- AG [2017] JRC 043 (16 March 2017)

Appeal against taxation of costs after a quashed conviction. The court found no proven pecuniary loss, but increased the allowed hours for the Magistrate's Court work.

• Taxation of costs
• Litigant in person costs
• Pecuniary loss
• Royal court rules
• Magistrate's court proceedings
• Taxation-of-costs

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MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2016] JRC 156 (07 September 2016)

The Royal Court ordered a £230,000 payment on account of indemnity costs after judgment, holding that taxation delays did not prevent an interim costs order.

• Interim payment on account of costs
• Indemnity costs
• Taxation of costs
• Jurisdiction to order interim payment
• Interim-costs
• Payment-on-account

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MacFirbhisigh and Ching v CI Trustees and Executors & Ors

The Royal Court held it could order a payment on account of costs after a costs order had already been made, and ordered £230,000 for the defendants.

• Payment on account of costs
• Taxation of costs
• Indemnity costs
• Secured creditor
• Interim costs payment
• Payment-on-account-of-costs

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Pearce v. States Treasurer

Pearce v. States Treasurer [2016] 1 JLR 435 (02 June 2016)

Costs taxation case on Factor 'B' rates: the Law Officers' Department could recover a Factor 'B' uplift for a public sector entity unless there was an apparent breach of the indemnity principle.

• Costs
• Taxation of costs
• Factor 'b' rates
• Indemnity principle
• Civil-procedure
• Taxation-of-costs

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Pearce -v- Treasurer of the States

Pearce -v- Treasurer of the States [2016] JRC 100 (02 June 2016)

The Jersey Royal Court awarded the appellant standard costs as a litigant in person, not indemnity costs, and allowed a modest set-off against costs owed to the Treasurer.

• Taxation of costs
• Costs on appeal
• Litigant in person costs
• Proportionality of costs
• Indemnity costs
• Taxation-of-costs

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Pearce -v- Treasurer of the States

Pearce -v- Treasurer of the States [2016] JRC 101 (02 June 2016)

The Royal Court held that public-sector legal costs may include a Factor B uplift, but the taxing officer must also apply proportionality. The bill was reduced to £12,500.

• Taxation of costs
• Proportionality
• Factor a and factor b uplift
• Public sector legal costs
• Indemnity principle
• Taxation-of-costs

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