Coutts Ltd. v Frith [2003] JLR 559 (13 October 2003)

Coutts Ltd. v Frith [2003] JLR 559 (13 October 2003)

The court held that it is sufficient for the defendant to show that it was reasonable to initiate third party proceedings for the plaintiff to be ordered to pay the costs; inevitability is not required.

Citation
[2003] JLR 559
Parties
Plaintiff: Coutts Ltd.; Defendant: Frith
Jurisdiction
Jersey
Judgment Date
13 October 2003
Procedural Posture
Civil / Costs Order
Outcome
Plaintiff may be ordered to pay defendant's and third party's costs if reasonable to initiate third party proceedings.
Legal Topics
Costs, Third Party Proceedings
Civil Procedure Costs Third Party Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Coutts Ltd.

Plaintiff

Frith

Defendant

Procedural Posture

Civil / Costs Order

Legal Issues

  1. 1 Whether the plaintiff can be ordered to pay the defendant's and third party's costs of third party proceedings when it was reasonable to initiate them.

Ratio Decidendi

The court held that it is sufficient for the defendant to show that it was reasonable to initiate third party proceedings for the plaintiff to be ordered to pay the costs; inevitability is not required.

Court Disposition

Plaintiff may be ordered to pay defendant's and third party's costs if reasonable to initiate third party proceedings.