MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 056 (04 April 2017)

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 056 (04 April 2017)

CITE and Mr Killmister are entitled to join Mr MacFirbhisigh and Sir David Kirch for the purposes of third party costs orders, and to join Carey Olsen and Sinels for the purposes of wasted costs orders. There is no basis to join Carey Olsen or the States of Jersey for third party costs orders. Disclosure of litigation funding arrangements by Mr MacFirbhisigh is ordered, with certain exclusions. The bar for joinder at this stage is low and not dependent on establishing an arguable case.

Citation
[2017] JRC 056
Parties
First Plaintiff: Niall Iain MacFirbhisigh (as Curator of Barry Lionel Ching); Second Plaintiff: Barbara Mary Marvell Ching; First Defendant: C. I. Trustees and Executors Limited; Second Defendant: Steven Gidley; Third Defendant: Gary Killmister
Jurisdiction
Jersey
Judgment Date
04 April 2017
Procedural Posture
Trust Litigation / Costs Application / Post Trial, Application for Third Party and Wasted Costs Orders
Outcome
Application granted in part, refused in part
Legal Topics
Third Party Costs Orders, Wasted Costs Orders, Non Party Disclosure, Legal Professional Privilege, Curatorship, Litigation Funding
Civil Procedure Costs Trusts Third Party Costs Orders Wasted Costs Orders Non Party Disclosure Legal Professional Privilege Curatorship +1 more

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Parties

Niall Iain MacFirbhisigh (as Curator of Barry Lionel Ching)

First Plaintiff

Barbara Mary Marvell Ching

Second Plaintiff

C. I. Trustees and Executors Limited

First Defendant

Steven Gidley

Second Defendant

Gary Killmister

Third Defendant

Procedural Posture

Trust Litigation / Costs Application / Post Trial, Application for Third Party and Wasted Costs Orders

Legal Issues

  1. 1 Whether non-parties and/or legal representatives should be joined for the purposes of third party or wasted costs orders
  2. 2 Whether disclosure of litigation funding arrangements should be ordered
  3. 3 Whether the scope of disclosure sought is appropriate

Ratio Decidendi

CITE and Mr Killmister are entitled to join Mr MacFirbhisigh and Sir David Kirch for the purposes of third party costs orders, and to join Carey Olsen and Sinels for the purposes of wasted costs orders. There is no basis to join Carey Olsen or the States of Jersey for third party costs orders. Disclosure of litigation funding arrangements by Mr MacFirbhisigh is ordered, with certain exclusions. The bar for joinder at this stage is low and not dependent on establishing an arguable case.

Court Disposition

Application granted in part, refused in part

Orders

  • Leave granted to join Mr MacFirbhisigh for third party costs order purposes
  • Leave granted to join Sir David Kirch for third party costs order purposes