Bates v Weston [2023] JRC 060 (19 April 2023)

Bates v Weston [2023] JRC 060 (19 April 2023)

Mr Bates is the successful party and is entitled to his costs on the standard basis, not indemnity, as Mr Weston's conduct did not take the case out of the norm. Mr Weston is not entitled to wasted costs as the information sought was irrelevant or already determined by the court. Due to both parties' failure to properly address the Monaco costs issue, Mr Bates' recoverable costs are reduced by 10%.

Citation
[2023] JRC 060
Parties
Judgment Creditor: Kenneth William Bates; Judgment Debtor: Robert Lawrence Weston
Jurisdiction
Jersey
Judgment Date
19 April 2023
Procedural Posture
Costs Determination Following Judgment on Application to Set Aside Registration of Foreign Judgment / Post Judgment, Costs Hearing
Outcome
Mr Weston is ordered to pay 90% of Mr Bates' costs on the standard basis, to be taxed if not agreed. Mr Bates is also awarded 90% of the costs of the costs hearing on the standard basis. No order is made for indemnity costs or wasted costs. No variation to previous interest orders.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Reciprocal Enforcement of Judgments, Interest on Judgment Debts
Civil Procedure Enforcement of Judgments Costs Indemnity Costs Standard Costs Reciprocal Enforcement of Judgments Interest on Judgment Debts

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Parties

Kenneth William Bates

Judgment Creditor

Robert Lawrence Weston

Judgment Debtor

Procedural Posture

Costs Determination Following Judgment on Application to Set Aside Registration of Foreign Judgment / Post Judgment, Costs Hearing

Legal Issues

  1. 1 Whether the judgment creditor should be awarded costs and on what basis (standard or indemnity)
  2. 2 Whether the judgment debtor is entitled to wasted costs
  3. 3 Whether any deduction should be made from the judgment creditor's costs due to the Monaco costs issue

Ratio Decidendi

Mr Bates is the successful party and is entitled to his costs on the standard basis, not indemnity, as Mr Weston's conduct did not take the case out of the norm. Mr Weston is not entitled to wasted costs as the information sought was irrelevant or already determined by the court. Due to both parties' failure to properly address the Monaco costs issue, Mr Bates' recoverable costs are reduced by 10%.

Court Disposition

Mr Weston is ordered to pay 90% of Mr Bates' costs on the standard basis, to be taxed if not agreed. Mr Bates is also awarded 90% of the costs of the costs hearing on the standard basis. No order is made for indemnity costs or wasted costs. No variation to previous interest orders.

Orders

  • Mr Weston to pay 90% of Mr Bates' costs on the standard basis, taxed if not agreed.
  • Mr Weston to pay 90% of Mr Bates' costs of the costs hearing on the standard basis, taxed if not agreed.