Dandara (Jersey) Limited v Clancy (Royal Court : Hearing (Civil) : MacRae : Costs) [2025] JRC 257 (9 October 2025)

Dandara (Jersey) Limited v Clancy (Royal Court : Hearing (Civil) : MacRae : Costs) [2025] JRC 257 (9 October 2025)

The Plaintiff's conduct was not sufficiently unreasonable to justify indemnity costs. The Defendant is entitled to costs on the standard basis, limited to costs of and incidental to the application from 23 December 2024, to be summarily assessed at 70% of claimed costs plus full disbursements, calculated on a factor A / factor B basis with a provisional factor B rate of 50%.

Citation
[2025] JRC 257
Parties
Plaintiff: Dandara (Jersey) Limited; Defendant: Clancy
Jurisdiction
Jersey
Judgment Date
09 October 2025
Procedural Posture
Civil / Post Interlocutory Application; Costs Determination
Outcome
Plaintiff to pay Defendant's costs on the standard basis, summarily assessed.
Legal Topics
Freezing Order, Injunctive Relief, Costs, Indemnity Costs, Standard Basis Costs
Civil Procedure Freezing Order Injunctive Relief Costs Indemnity Costs Standard Basis Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dandara (Jersey) Limited

Plaintiff

Clancy

Defendant

Procedural Posture

Civil / Post Interlocutory Application; Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the Defendant following dismissal of Plaintiff's application for freezing order/injunctive relief
  2. 2 Whether costs should be summarily assessed and from what date they should be recoverable

Ratio Decidendi

The Plaintiff's conduct was not sufficiently unreasonable to justify indemnity costs. The Defendant is entitled to costs on the standard basis, limited to costs of and incidental to the application from 23 December 2024, to be summarily assessed at 70% of claimed costs plus full disbursements, calculated on a factor A / factor B basis with a provisional factor B rate of 50%.

Court Disposition

Plaintiff to pay Defendant's costs on the standard basis, summarily assessed.

Orders

  • Plaintiff to pay Defendant's costs of and incidental to the application from 23 December 2024, assessed at 70% of claimed costs plus full disbursements.
  • Costs to be calculated on a factor A / factor B basis, with factor B provisionally at 50%, subject to Defendant's right to seek a higher rate within seven days.