Alpen Partners Limited v Al-Amiri and Ors [2022] JRC 279 (14 December 2022)

Alpen Partners Limited v Al-Amiri and Ors [2022] JRC 279 (14 December 2022)

Defendants are entitled to indemnity costs for withdrawn claims due to plaintiff's unexplained delay and acceptance of defendants' pleaded position after three years; percentage-based order is inappropriate due to insufficient information; payment on account is justified and calculated on a broad brush basis...

Source-derived case information.

Citation
[2022] JRC 279
Parties
Plaintiff: Alpen Partners Limited; First Defendant: Al-Amiri; Defendants: Second to Fourth Defendants
Jurisdiction
Jersey
Judgment Date
14 December 2022
Procedural Posture
Civil / Post Amendment Costs Determination
Outcome
Defendants awarded indemnity costs for withdrawn claims; percentage-based order refused; payments on account ordered.
Legal Topics
Costs, Withdrawal of Claims, Indemnity Costs, Payment on Account
Civil Procedure Costs Withdrawal of Claims Indemnity Costs Payment on Account

Source-derived case record

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Parties

Alpen Partners Limited

Plaintiff

Al-Amiri

First Defendant

Second to Fourth Defendants

Defendants

Procedural Posture

Civil / Post Amendment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following withdrawal of claims
  2. 2 Basis for costs: standard or indemnity
  3. 3 Appropriateness of percentage-based costs order

Ratio Decidendi

Defendants are entitled to indemnity costs for withdrawn claims due to plaintiff's unexplained delay and acceptance of defendants' pleaded position after three years; percentage-based order is inappropriate due to insufficient information; payment on account is justified and calculated on a broad brush basis reflecting likely recoverable costs.

Court Disposition

Defendants awarded indemnity costs for withdrawn claims; percentage-based order refused; payments on account ordered.

Orders

  • First defendant to receive payment on account of £152,250.
  • Second to fourth defendants to receive payment on account of £169,232.