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Civil procedure [2025] SHSC 525

Peters v Attorney General of St Helena (Costs)

Peters v Attorney General of St Helena (Costs) [2025] SHSC 525 (20 May 2025)

The court held that, although the general rule from Herne requires a properly formulated and refused LAF application before entering a CFA, this case is exceptional and the CFA is valid and enforceable without such refusal. The Plaintiff is entitled to take out ATE insurance and recover the premium for expert reports, subject to reasonableness. The ÂŁ150 hourly rate cap from Herne does not apply in this exceptional case; instead, higher rates reflecting the complexity and market rates are set for this matter alone.

Source excerpt

  • Conditional fee agreements (cfa)
  • Legal assistance funding (laf)
  • Qualified one-way costs shifting (qocs)
  • After the event (ate) insurance
  • Costs capping
  • Exceptional cases in costs
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Medical negligence [2021] SHCA 4

Moyce, Appeal Of

Moyce, Appeal Of [2021] SHCA 4 (25 October 2021)

Leave to appeal was refused because the application was misconceived, raised only procedural and conduct complaints irrelevant to the merits, and there were genuine disputes requiring trial and expert evidence, making summary judgment inappropriate.

Source excerpt

  • Summary judgment
  • Leave to appeal
  • Duty of care
  • Assessment of damages
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Banking law [2020] SHSC 567

BOSH v V2 Taxi & Tour Agency Ltd & Anor (No 2)

BOSH v V2 Taxi & Tour Agency Ltd & Anor (No 2) [2020] SHSC 567_1 (14 December 2020)

The defendants failed to demonstrate any triable issue or valid defence to the bank's claim, as the existence and terms of the loans and overdrafts were not disputed, and complaints of unfair treatment or economic hardship do not constitute a legal defence. Judgment in default stands for the amount claimed.

Source excerpt

  • Loan agreements
  • Overdraft facilities
  • Judgment in default
  • Setting aside judgment
  • Defence requirements
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Civil procedure [2020] SHSC 567_1

BOSH v V2 Taxi & Tour Agency Ltd & Ors (No 1)

BOSH v V2 Taxi & Tour Agency Ltd & Ors (No 1) [2020] SHSC 567_1 (27 October 2020)

Judgment is entered for the plaintiff due to the defendants' failure to serve a defence as ordered; the amount due will be assessed, with the defendants given an opportunity to provide evidence of repayments within 14 days, failing which the amount claimed by the plaintiff will be deemed due.

Source excerpt

  • Default judgment
  • Assessment of damages
  • Loan repayment
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Civil procedure [2016] SHSC 551

Bakos & Ors v AG (Conditional Fees)

Bakos & Ors v AG (Conditional Fees) [2016] SHSC 551 (28 September 2016)

The court holds that QOCS is the appropriate system for personal injury claims in St Helena where expert evidence is necessary and the defendant is indemnified or the Attorney General. CFAs are suitable and applicable only in limited circumstances, without success fees, and only where legal aid funding is unavailable. The court's discretion over costs is not circumscribed by legislative rates or funding decisions.

Source excerpt

  • Costs
  • Conditional fee agreements
  • Qualified one-way costs shifting
  • Access to justice
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Civil procedure [2014] SHSC 1C

AG v Chapman (Costs)

AG v Chapman (Costs) [2014] SHSC 1C (14 May 2014)

Neither party acted unreasonably; the Public Solicitor's instruction of counsel was reasonable, but the Attorney General's appeal was not unmeritorious. Applying the principle that costs should only be awarded where a party acts unreasonably, no order for costs is appropriate in this case.

Source excerpt

  • Costs
  • Appeals
  • Labour regulation
  • Access to justice
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About this LexChat collection

St Helena 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.

Source links and collection timestamps are retained alongside the indexed records.