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Employment law

States Employment Board v Erika Francioso

The Royal Court held that the Tribunal had erred in treating the new Article 40A costs regime as compensatory and in importing a wasted-costs requirement.

  • Tribunal costs jurisdiction
  • Interpretation of article 40a
  • Indemnity basis costs
  • Wasted costs
  • Question of law appeal
  • Tribunal-costs-jurisdiction
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Civil procedure [2021] JRC 268

BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des deux Siciles

BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des deux Siciles [2021] JRC 268 (01 November 2021)

The Royal Court awarded indemnity costs to the Representor after dismissing three unreasonable summonses, and declined to pursue a wasted costs inquiry against counsel.

  • Indemnity costs
  • Wasted costs
  • Abuse of process
  • Article 6 echr
  • Indemnity-costs
  • Wasted-costs
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Civil procedure [2021] JRC 039

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021 [2021] JRC 039 (11 February 2021)

The Royal Court ruled on amendment, privilege, wasted costs, and further information applications in pre-trial proceedings, allowing some requests and refusing others.

  • Amendment of pleadings
  • Duty of care of advocates
  • Wasted costs
  • Waiver of privilege
  • Requests for further information
  • Amendment-of-pleadings
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Civil procedure [2020] JRC 154

Jamera v Le Feuvre

Jamera v Le Feuvre [2020] JRC 154 (03 August 2020)

Costs judgment awarding the plaintiff 70% of the costs of an expert-replacement application and hearing, with wasted costs ordered on a standard basis.

  • Costs
  • Expert evidence
  • Wasted costs
  • Replacement of expert witness
  • Expert-evidence
  • Wasted-costs
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Civil procedure [2017] JRC 141A

MacFirbhisigh and ching -v- CI Trustees and Others

MacFirbhisigh and ching -v- CI Trustees and Others [2017] JRC 141A (06 September 2017)

The Royal Court held that a wasted costs application should be heard by the Commissioner with two Jurats, because it involves factual disputes and not mere procedure.

  • Wasted costs
  • Court composition
  • Jurisdiction
  • Role of jurats
  • Wasted-costs
  • Court-composition
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Civil procedure [2017] JRC 140A

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 140A (04 September 2017)

The Royal Court refused Sinels leave to appeal against an interlocutory wasted-costs ruling, finding no real prospect of success and no public-advantage question.

  • Wasted costs
  • Leave to appeal
  • Summary judgment
  • Burden of proof
  • Causation
  • Wasted-costs
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Civil procedure [2017] JRC 130A

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 130A (14 August 2017)

The Royal Court refused Sinels’ strike-out and reverse summary judgment application in wasted costs proceedings, holding that causation on the later costs claim should go to trial.

  • Wasted costs
  • Causation
  • Summary judgment
  • Strike out
  • Abuse of process
  • Wasted-costs
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Civil procedure [2017] JRC 049

Kuwait Oil Tanker Company -v- Al Mutawa and Chadwick

Kuwait Oil Tanker Company -v- Al Mutawa and Chadwick [2017] JRC 049 (27 March 2017)

Post-judgment costs ruling awarding indemnity wasted costs and capping application costs at ÂŁ25,000 after a defendant clarified she was a creditor, not an heir.

  • Wasted costs
  • Indemnity costs
  • Standard costs
  • Case clarification
  • Expert evidence
  • Wasted-costs
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Civil procedure [2016] JRC 182

Kuwait Oil Tanker Company SAK -v- Al Mutawa and Chadwick

Kuwait Oil Tanker Company SAK -v- Al Mutawa and Chadwick [2016] JRC 182 (10 October 2016)

The court ordered the first defendant to clarify whether her claim to a debt was by inheritance or as a creditor, but refused an unless order.

  • Pleadings
  • Particulars
  • Unless orders
  • Wasted costs
  • Inheritance
  • Creditor claims
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Civil procedure [2011] JCA 151

In the matter of the Amy Tutelles

In the matter of the Amy Tutelles [2011] JCA 151 (03 August 2011)

The Court of Appeal dismissed an application for costs in favour of Mr Barnett and ordered Mr Sinel personally to pay the costs of the 28 July 2011 hearing.

  • Costs
  • Wasted costs
  • Jurisdiction of court of appeal
  • Wasted-costs
  • Court-of-appeal-jurisdiction
  • Civil-procedure
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.