Alpen Partners Limited v Al-Amiri and Ors [2020] JRC 163 (12 August 2020)

Alpen Partners Limited v Al-Amiri and Ors [2020] JRC 163 (12 August 2020)

Defendants were the successful parties as the security ordered exceeded the plaintiff's offer; costs to defendants on the standard basis from the date plaintiff agreed in principle to provide security; no indemnity costs as plaintiff's arguments were not vexatious.

Citation
[2020] JRC 163
Parties
Plaintiff: Alpen Partners Limited; Defendants: Al-Amiri and Ors
Jurisdiction
Jersey
Judgment Date
12 August 2020
Procedural Posture
Costs Determination Following Security for Costs Application / Post Judgment Costs Order
Outcome
Costs awarded to defendants on the standard basis from 25 November 2019; costs prior to that date are costs in the cause; no indemnity costs awarded.
Legal Topics
Costs, Security for Costs, Third Party Proceedings
Civil Procedure Costs Security for Costs Third Party Proceedings

Case Brief

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Parties

Alpen Partners Limited

Plaintiff

Al-Amiri and Ors

Defendants

Procedural Posture

Costs Determination Following Security for Costs Application / Post Judgment Costs Order

Legal Issues

  1. 1 Entitlement to costs following security for costs application
  2. 2 Timing and quantum of costs schedules
  3. 3 Recovery of third party costs

Ratio Decidendi

Defendants were the successful parties as the security ordered exceeded the plaintiff's offer; costs to defendants on the standard basis from the date plaintiff agreed in principle to provide security; no indemnity costs as plaintiff's arguments were not vexatious.

Court Disposition

Costs awarded to defendants on the standard basis from 25 November 2019; costs prior to that date are costs in the cause; no indemnity costs awarded.

Orders

  • Defendants to recover their costs of the applications on the standard basis from 25 November 2019.
  • Costs prior to 25 November 2019 to be costs in the cause.