Consolidated Resources -v- Global Gold [2017] JRC 151 (18 September 2017)

Consolidated Resources -v- Global Gold [2017] JRC 151 (18 September 2017)

The plaintiff's inordinate and inexcusable delay, combined with its abandonment of key claims and failure to pay costs, constituted abuse of process and want of prosecution. However, automatic dismissal was not proportionate; the plaintiff was given a final opportunity to pursue limited claims, conditional on payment of costs and timely application. Failure to comply would result in automatic strike-out.

Citation
[2017] JRC 151
Parties
Plaintiff: Consolidated Resources Armenia; Second Defendant: Global Gold; Third Defendant: Mr Krikorian; First Defendant: First Defendant (Company)
Jurisdiction
Jersey
Judgment Date
18 September 2017
Procedural Posture
Civil / Post Application for Dismissal; Unless Order Issued
Outcome
unless order issued; conditional opportunity for plaintiff to pursue limited claims
Legal Topics
Abuse of Process, Want of Prosecution, Stay of Proceedings, Costs Orders, Arbitration Agreement, Exclusive Jurisdiction
Civil Procedure Company Law Arbitration Abuse of Process Want of Prosecution Stay of Proceedings Costs Orders Arbitration Agreement +1 more

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Parties

Consolidated Resources Armenia

Plaintiff

Global Gold

Second Defendant

Mr Krikorian

Third Defendant

First Defendant (Company)

First Defendant

Procedural Posture

Civil / Post Application for Dismissal; Unless Order Issued

Legal Issues

  1. 1 Whether the plaintiff's amended order of justice should be dismissed for abuse of process or want of prosecution
  2. 2 Whether the plaintiff should be permitted to pursue remaining claims not subject to arbitration
  3. 3 Whether outstanding costs orders justify further sanctions

Ratio Decidendi

The plaintiff's inordinate and inexcusable delay, combined with its abandonment of key claims and failure to pay costs, constituted abuse of process and want of prosecution. However, automatic dismissal was not proportionate; the plaintiff was given a final opportunity to pursue limited claims, conditional on payment of costs and timely application. Failure to comply would result in automatic strike-out.

Court Disposition

unless order issued; conditional opportunity for plaintiff to pursue limited claims

Orders

  • Plaintiff must apply within 28 days to withdraw claims covered by arbitration agreement and seek discharge of stay.
  • Plaintiff must pay assessed costs (£14,121.51, £130,658.08, £15,000) to Dickinson Gleeson for second and third defendants before expiry of 28 days.