Cook v Clapham and Ors [2022] JRC 275 (09 December 2022)

Leave to appeal refused as no arguable grounds or new law identified; Defendants awarded costs on standard basis up to 31 October 2021 and indemnity basis thereafter due to Plaintiff's improper conduct, including unparticularised and withdrawn fraud allegations; interim payment of £175,000 ordered on account of costs.

Citation: [2022] JRC 275
Parties: Plaintiff: Cook; First Defendant: Clapham; Second Defendant: Second Defendant; Third Defendant: Third Defendant
Jurisdiction: Jersey
Judgment Date: 09 December 2022
Procedural Posture: Civil Appeal / Post Judgment; Costs and Leave to Appeal
Outcome: Appeal dismissed; leave to appeal refused; costs awarded to Defendants; interim payment ordered.
Legal Topics: Costs, Leave to Appeal, Amendment of Pleadings, Indemnity Costs, Summary Judgment

Civil Procedure Trusts and Estates Costs Leave to Appeal Amendment of Pleadings Indemnity Costs Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

Cook

Plaintiff

Clapham

First Defendant

Second Defendant

Third Defendant

Procedural Posture

Civil Appeal / Post Judgment; Costs and Leave to Appeal

Legal Issues

1 Whether leave to appeal should be granted to the Plaintiff
2 Whether Defendants are entitled to indemnity costs and from what date
3 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

Court Disposition

Appeal dismissed; leave to appeal refused; costs awarded to Defendants; interim payment ordered.

Orders

Plaintiff to pay Defendants' costs up to 31 October 2021 on standard basis and thereafter on indemnity basis.
Plaintiff to make interim payment of £175,000 to First and Second Defendants within two months.