Chernukhin and Anor v Deripaska and Anor [2020] JRC 208 (13 October 2020)

Chernukhin and Anor v Deripaska and Anor [2020] JRC 208 (13 October 2020)

The Chernukhin Parties, having been unsuccessful on the security for costs summons, are ordered to pay 75% of the First Respondent's costs on the standard basis, as their conduct did not reach the threshold for indemnity costs. Costs of the split trial summons are ordered to be costs in the cause due to their insubstantial nature and to avoid unnecessary contest.

Citation
[2020] JRC 208
Parties
Representors: Chernukhin Parties; First Respondent: Mr Deripaska
Jurisdiction
Jersey
Judgment Date
13 October 2020
Procedural Posture
Costs Determination Following Interlocutory Applications / Post Judgment, Costs Order
Outcome
Costs order made against the Chernukhin Parties for 75% of the First Respondent's costs of the security for costs summons on the standard basis; costs of the split trial summons are costs in the cause; interim payment on account of costs considered subject to provision of costs calculation.
Legal Topics
Costs, Security for Costs, Split Trial, Discretion in Costs Awards
Civil Procedure Costs Security for Costs Split Trial Discretion in Costs Awards

Case Brief

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Parties

Chernukhin Parties

Representors

Mr Deripaska

First Respondent

Procedural Posture

Costs Determination Following Interlocutory Applications / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether the unsuccessful applicant for security for costs should pay the respondent's costs and on what basis
  2. 2 Whether costs of the split trial summons should be awarded and to whom
  3. 3 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

The Chernukhin Parties, having been unsuccessful on the security for costs summons, are ordered to pay 75% of the First Respondent's costs on the standard basis, as their conduct did not reach the threshold for indemnity costs. Costs of the split trial summons are ordered to be costs in the cause due to their insubstantial nature and to avoid unnecessary contest.

Court Disposition

Costs order made against the Chernukhin Parties for 75% of the First Respondent's costs of the security for costs summons on the standard basis; costs of the split trial summons are costs in the cause; interim payment on account of costs considered subject to provision of costs calculation.

Orders

  • Chernukhin Parties to pay 75% of First Respondent's costs of and incidental to the security for costs summons on the standard basis.
  • Costs of and incidental to the split trial summons are costs in the cause.