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Royal Court judgment on Costs, 11 May 2021: de Than v Institute of Law [2021] JRC134

The Royal Court of Jersey has handed down its first full judgment on the question of costs following an unsuccessful application for leave to appeal an interlocutory decision of the Jersey Employment and Discrimination Tribunal.

The Jersey Tribunal has no power to award costs.  However appeals from the Tribunal are determined by the Royal Court of Jersey, bringing a matter within the costs regime of the Royal Court.

The Commissioner referred to Flynn v Reid [2012] (2) JLR 226, which provides guidance on the question of costs.  He confirmed that there are two major considerations when it comes to considering costs awards generally: a). the merits of the case, and b). the conduct of the parties in the litigation. Proportionality may also be relevant and a payee’s means may be considered in relation to how or when a costs order is to be paid.

Click here for the full judgment on costs.

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