Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)

Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)

The court accepted the defendant's permanent undertaking, stayed the action, and made no order as to costs of the action except that the defendant must pay the claimant's costs of the strike out application, due to the claimant's conduct in making a without notice application and the lack of adverse findings against the defendant.

Citation
[2012] EWHC 871
Parties
Claimant: Jeeg Global Limited; Defendant: John Hare
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Civil / Post Strike Out Application, Costs Determination
Outcome
Action stayed, no order as to costs except defendant to pay claimant's costs of strike out application.
Legal Topics
Costs, Case Management, Permanent Undertaking, Without Notice Applications
Civil Procedure Injunctions Costs Case Management Permanent Undertaking Without Notice Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Jeeg Global Limited

Claimant

John Hare

Defendant

Procedural Posture

Civil / Post Strike Out Application, Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to recover costs of the action
  2. 2 Appropriateness of indemnity costs
  3. 3 Effect of permanent undertaking on further relief

Ratio Decidendi

The court accepted the defendant's permanent undertaking, stayed the action, and made no order as to costs of the action except that the defendant must pay the claimant's costs of the strike out application, due to the claimant's conduct in making a without notice application and the lack of adverse findings against the defendant.

Court Disposition

Action stayed, no order as to costs except defendant to pay claimant's costs of strike out application.

Orders

  • Permanent undertaking by defendant accepted in terms of interim undertaking of 7 July 2011.
  • Action stayed.