Singleton v G Thatcher Felt Roofing [2002] JRC 102A (22 May 2002)

Singleton v G Thatcher Felt Roofing [2002] JRC 102A (22 May 2002)

The defendant's conduct constituted special or unusual circumstances justifying indemnity costs, as liability was admitted but the defendant's legal advisers prevaricated and refused to address the issue directly, forcing the plaintiff to issue the summons.

Citation
[2002] JRC 102A
Parties
Plaintiff: Brian Singleton; Defendant: G. Thatcher Felt Roofing Limited
Jurisdiction
Jersey
Judgment Date
22 May 2002
Procedural Posture
Personal Injury Action / Costs Determination Following Resolution of Liability
Outcome
Indemnity costs awarded to plaintiff for the summons of 20th February 2002.
Legal Topics
Indemnity Costs, Admission of Liability, Interim Payments, Vicarious Liability, Contributory Negligence
Civil Procedure Personal Injury Indemnity Costs Admission of Liability Interim Payments Vicarious Liability Contributory Negligence

Case Brief

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Parties

Brian Singleton

Plaintiff

G. Thatcher Felt Roofing Limited

Defendant

Procedural Posture

Personal Injury Action / Costs Determination Following Resolution of Liability

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the plaintiff for the summons issued on 20th February 2002
  2. 2 Whether liability was unequivocally admitted by the defendant prior to proceedings

Ratio Decidendi

The defendant's conduct constituted special or unusual circumstances justifying indemnity costs, as liability was admitted but the defendant's legal advisers prevaricated and refused to address the issue directly, forcing the plaintiff to issue the summons.

Court Disposition

Indemnity costs awarded to plaintiff for the summons of 20th February 2002.

Orders

  • Defendant to pay plaintiff's costs relating to the summons on an indemnity basis.