Patel & Ors v JTC Trust Company Limited & Ors (Royal Court : Hearing (Civil)) [2025] JRC 088 (28 March 2025)

Patel & Ors v JTC Trust Company Limited & Ors (Royal Court : Hearing (Civil)) [2025] JRC 088 (28 March 2025)

JTC is ordered to pay the Gaurang Parties' costs of and incidental to the Third Party Proceedings, to be taxed on a standard basis if not agreed, as neither party's conduct was found to be unreasonable so as to justify indemnity costs or depriving costs; a 40% interim payment is ordered.

Citation
[2025] JRC 088
Parties
First Defendant: JTC Trust Company Limited (formerly Minerva Trust Company Limited); Second Third Party: Gaurang Patel; Third Party: Illakumari Patel; Third Party: Parthiv Patel; Third Party: Akash Patel; First Plaintiff: Maya; Third Defendant and Sixth Third Party: Vimal
Jurisdiction
Jersey
Judgment Date
28 March 2025
Procedural Posture
Third Party Proceedings (trusts) / Costs Order Following Application to Discontinue Against Third Parties
Outcome
Application granted in part; costs order made in favour of Gaurang Parties on standard basis.
Legal Topics
Costs, Alternative Dispute Resolution, Discontinuance, Indemnity Costs, Standard Costs
Trusts Civil Procedure Costs Alternative Dispute Resolution Discontinuance Indemnity Costs Standard Costs

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Parties

JTC Trust Company Limited (formerly Minerva Trust Company Limited)

First Defendant

Gaurang Patel

Second Third Party

Illakumari Patel

Third Party

Parthiv Patel

Third Party

Akash Patel

Third Party

Maya

First Plaintiff

Vimal

Third Defendant and Sixth Third Party

Procedural Posture

Third Party Proceedings (trusts) / Costs Order Following Application to Discontinue Against Third Parties

Legal Issues

  1. 1 What is the appropriate order for costs upon discontinuance of third party proceedings in trust litigation?
  2. 2 Should costs be awarded on a standard or indemnity basis given the parties' conduct, particularly regarding ADR participation?

Ratio Decidendi

JTC is ordered to pay the Gaurang Parties' costs of and incidental to the Third Party Proceedings, to be taxed on a standard basis if not agreed, as neither party's conduct was found to be unreasonable so as to justify indemnity costs or depriving costs; a 40% interim payment is ordered.

Court Disposition

Application granted in part; costs order made in favour of Gaurang Parties on standard basis.

Orders

  • JTC to pay the Gaurang Parties' costs of and incidental to the Third Party Proceedings, to be taxed on a standard basis if not agreed.
  • JTC to make an interim payment on account of costs in the sum of £75,904.