Leeds -v- Admatch [2014] JRC 189 (03 October 2014)

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

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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

  1. 1 Whether the sum provided by way of security for costs should be returned to Leeds after judgment in its favour
  2. 2 Whether the pending appeal justifies retention of the security
  3. 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.