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 claimant is not entitled to recover the costs of the action because, although it achieved its purpose, there was no finding against the defendant and the claimant's conduct, particularly the unjustified without notice application, justified making no order as to costs except for the defendant's failed strike out application.

Citation
[2012] EWHC 871 (QB)
Parties
Claimant: Jeeg Global Limited; Defendant: John Hare
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Civil / Post Interlocutory, Costs Determination After Refusal to Strike Out Claim
Outcome
Permanent undertaking accepted, action stayed, no order as to costs of the action except defendant to pay claimant's costs of strike out application.
Legal Topics
Costs, Injunctions, Case Management, Abuse of Process
Civil Procedure Costs Injunctions Case Management Abuse of Process

Case Brief

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Parties

Jeeg Global Limited

Claimant

John Hare

Defendant

Procedural Posture

Civil / Post Interlocutory, Costs Determination After Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the claimant is entitled to costs of the action after acceptance of a permanent undertaking and stay of proceedings
  2. 2 Whether indemnity costs should be awarded for the strike out application
  3. 3 Whether the claimant's conduct in making a without notice application should affect costs

Ratio Decidendi

The claimant is not entitled to recover the costs of the action because, although it achieved its purpose, there was no finding against the defendant and the claimant's conduct, particularly the unjustified without notice application, justified making no order as to costs except for the defendant's failed strike out application.

Court Disposition

Permanent undertaking accepted, action stayed, no order as to costs of the action except defendant to pay claimant's costs of strike out application.

Orders

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