BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des deux Siciles [2021] JRC 268 (01 November 2021)

BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des deux Siciles [2021] JRC 268 (01 November 2021)

All three summonses issued by the Respondent were unreasonable and out of the norm, justifying an award of indemnity costs to the Representor. The Court declined to pursue a wasted costs order against Advocate Mistry due to lack of evidence of personal responsibility and absence of an application by the Representor.

Source-derived case information.

Citation
[2021] JRC 268
Parties
Representor: BNP Paribas Jersey Trust Corporation Ltd; Respondent: C. de Bourbon des deux Siciles
Jurisdiction
Jersey
Judgment Date
01 November 2021
Procedural Posture
Costs Application Following Dismissal of Three Summonses / Post Judgment Costs Determination
Outcome
Indemnity costs awarded to the Representor; no wasted costs order against Advocate Mistry.
Legal Topics
Indemnity Costs, Wasted Costs, Abuse of Process, Article 6 ECHR
Civil Procedure Costs Indemnity Costs Wasted Costs Abuse of Process Article 6 ECHR

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Parties

BNP Paribas Jersey Trust Corporation Ltd

Representor

C. de Bourbon des deux Siciles

Respondent

Procedural Posture

Costs Application Following Dismissal of Three Summonses / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the Representor
  2. 2 Whether a wasted costs order should be made against the Respondent's advocate

Ratio Decidendi

All three summonses issued by the Respondent were unreasonable and out of the norm, justifying an award of indemnity costs to the Representor. The Court declined to pursue a wasted costs order against Advocate Mistry due to lack of evidence of personal responsibility and absence of an application by the Representor.

Court Disposition

Indemnity costs awarded to the Representor; no wasted costs order against Advocate Mistry.

Orders

  • Representor to recover its costs on the indemnity basis arising out of the three dismissed summonses.
  • No wasted costs order to be pursued against Advocate Mistry.