A -v- B (Matrimonial) [2018] JRC 050A (05 March 2018)

A -v- B (Matrimonial) [2018] JRC 050A (05 March 2018)

The petitioner's claims against the third party were hopeless and her conduct unreasonable; thus, the third party is entitled to indemnity costs. The respondent is not entitled to costs as the claim was not pursued against him and the petitioner's indebtedness is a relevant factor.

Citation
[2018] JRC 050A
Parties
Petitioner: A; Respondent: B; Third Party: C
Jurisdiction
Jersey
Judgment Date
05 March 2018
Procedural Posture
Matrimonial/family (ancillary Relief and Civil Claim) / Post Judgment Costs Determination
Outcome
Third party awarded indemnity costs against the petitioner; no order for costs in favour of the respondent.
Legal Topics
Costs, Indemnity Costs, Third Party Claims, Ancillary Relief
Family Law Civil Procedure Costs Indemnity Costs Third Party Claims Ancillary Relief

Case Brief

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Parties

A

Petitioner

B

Respondent

C

Third Party

Procedural Posture

Matrimonial/family (ancillary Relief and Civil Claim) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the petitioner should pay indemnity costs to the third party after dismissal of her claims
  2. 2 Whether any costs order should be made in favour of the respondent
  3. 3 Whether the petitioner's financial position should affect the costs order

Ratio Decidendi

The petitioner's claims against the third party were hopeless and her conduct unreasonable; thus, the third party is entitled to indemnity costs. The respondent is not entitled to costs as the claim was not pursued against him and the petitioner's indebtedness is a relevant factor.

Court Disposition

Third party awarded indemnity costs against the petitioner; no order for costs in favour of the respondent.

Orders

  • Third party awarded her costs of and incidental to the third party claim against the petitioner (including the costs hearing) on the indemnity basis.
  • Leave given to the petitioner to apply for a 'football pools' or similar order if circumstances merit.