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The Hon. Michael Beloff, Q.C., President; Sir John Nutting, Bt., Q.C., and; Nigel Pleming, Q.C..
This is apparently the first occasion on which an order for interim costs has been sought in this Bailiwick before the Court of Appeal. For that reason we invited written submissions from both parties for which we are duly grateful.
(i) The Court of Appeal has no power to make an order for an interim payment on account of a costs liability and that the position in Jersey differs materially from that which pertains in England where Rule 44.3(8) of the Civil Procedure Rules ("CPR") specifically empowers the court with a broad discretion to order a payment on account. (See further para15 below).
(ii) Unless and until there is such an express provision in Jersey, the interests of the costs judgment creditor are protected by the accrual of interest only.
(iii) To reach the contrary conclusion, however otherwise desirable, would be to apply lex ferenda, not lex lata.
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