Leeds -v- Admatch [2014] JRC 189 (03 October 2014)
Once proceedings in the Royal Court have concluded in the plaintiff's favour and no costs are ordered against the plaintiff, the security for costs should be returned; retention is not justified by a planned appeal, as security for appeal is governed by the Court of Appeal Rules.
- Citation
- [2014] JRC 189
- Parties
- Second Plaintiff: Leeds; Defendant: Admatch; Director and Beneficial Owner of Admatch: Mr Weston
- Jurisdiction
- Jersey
- Judgment Date
- 03 October 2014
- Procedural Posture
- Application for Return of Security for Costs / Post Judgment, Following Costs Application and Appeal Leave
- Outcome
- Application for return of security for costs granted.
- Legal Topics
- Security for Costs, Costs Orders, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Leeds
Second Plaintiff
Admatch
Defendant
Mr Weston
Director and Beneficial Owner of Admatch
Procedural Posture
Application for Return of Security for Costs / Post Judgment, Following Costs Application and Appeal Leave
Legal Issues
- 1 Whether the sum provided by way of security for costs should be returned to Leeds after judgment in its favour
- 2 Whether the pending appeal justifies retention of the security
- 3 Whether disclosure of the source of funds for security is required
Ratio Decidendi
Once proceedings in the Royal Court have concluded in the plaintiff's favour and no costs are ordered against the plaintiff, the security for costs should be returned; retention is not justified by a planned appeal, as security for appeal is governed by the Court of Appeal Rules.
Court Disposition
Application for return of security for costs granted.
Orders
- The sum of £30,000 is to be released to Leeds 14 days from the date of judgment.
- Mr Weston is provisionally ordered to pay Leeds' costs for this application on the standard basis, subject to written submissions within 7 days.
Full Case Text
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