Cornish and Cornish v Brelade Bay Limited [2018] JRC 154 (28 August 2018)

Indemnity costs are awarded to the Respondent due to material non-disclosure by the Applicants and failure to provide a note of the ex parte hearing, which deprived the Respondent of a fair opportunity to address the Court on relevant issues. The Applicants' conduct, while not deceitful, was sufficiently unreasonable to justify indemnity costs.

Citation: [2018] JRC 154
Parties: Applicant: Brelade Bay Limited; Respondent: Mr and Mrs Cornish
Jurisdiction: Jersey
Judgment Date: 28 August 2018
Procedural Posture: Application for Costs and Indemnity Costs / Post Caveat Set Aside, Costs Determination
Outcome: Application for indemnity costs granted in favour of the Respondent.
Legal Topics: Costs, Indemnity Costs, Caveat, Material Non Disclosure

Civil Procedure Costs Indemnity Costs Caveat Material Non Disclosure

Case Brief

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Parties

Brelade Bay Limited

Applicant

Mr and Mrs Cornish

Respondent

Procedural Posture

Application for Costs and Indemnity Costs / Post Caveat Set Aside, Costs Determination

Legal Issues

1 Whether costs should be awarded to the Respondent after setting aside the caveat
2 Whether indemnity costs are justified due to material non-disclosure and procedural breaches

Ratio Decidendi

Court Disposition

Application for indemnity costs granted in favour of the Respondent.

Orders

Applicants to pay Respondent's costs on an indemnity basis.
Applicants to pay 50% of Respondent's costs by way of payment on account in the sum of £8,220 within one month.