Leeds Utd AFC Ltd and Leeds Utd 2007 Ltd v Admatch [2008] JRC 141 (21 August 2008)

Leeds Utd AFC Ltd and Leeds Utd 2007 Ltd v Admatch [2008] JRC 141 (21 August 2008)

Under Jersey law, a company acting by its director is to be treated as a litigant in person for costs purposes, and the court may order security for costs against a non-resident plaintiff by reference to the likely costs of defending the claim, as this is a proportionate and justified practice that does not breach Article 14 of the ECHR.

Citation
[2008] JRC 141
Parties
Defendant: Admatch; Second Plaintiff: Leeds 2007
Jurisdiction
Jersey
Judgment Date
21 August 2008
Procedural Posture
Appeal / Appeal Against Master's Decision on Security for Costs
Outcome
Appeal allowed
Legal Topics
Security for Costs, Litigant in Person, Discrimination Under ECHR, Company Representation, Enforcement of Costs Orders
Civil Procedure Costs Security for Costs Litigant in Person Discrimination Under ECHR Company Representation Enforcement of Costs Orders

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Parties

Admatch

Defendant

Leeds 2007

Second Plaintiff

Procedural Posture

Appeal / Appeal Against Master's Decision on Security for Costs

Legal Issues

  1. 1 Whether a company acting through its director is a litigant in person for costs purposes
  2. 2 Whether security for costs can be ordered solely on grounds of plaintiff's non-residence post-Human Rights (Jersey) Law 2000

Ratio Decidendi

Under Jersey law, a company acting by its director is to be treated as a litigant in person for costs purposes, and the court may order security for costs against a non-resident plaintiff by reference to the likely costs of defending the claim, as this is a proportionate and justified practice that does not breach Article 14 of the ECHR.

Court Disposition

Appeal allowed

Orders

  • Leeds 2007 to provide security for costs calculated at £170 per hour for up to 40 hours per week, £50 per hour for additional hours, total hours reduced by 20%, plus disbursements of £1,889.60 and £1,000 for Leeds solicitor, to be paid within 21 days.