Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 170 (21 August 2020)

Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 170 (21 August 2020)

The applicant's conduct in pursuing the application, including extreme and unjustified delay, minimal prospects of success, and unreasonable last-minute applications, was unreasonable and took the case out of the norm, justifying an order for indemnity costs in favour of the first respondent.

Citation
[2020] JCA 170
Parties
Applicant: Dr Gail Alison Cochrane; First Respondent: Harbour Fund II LLP; Second Respondent: The Viscount
Jurisdiction
Jersey
Judgment Date
21 August 2020
Procedural Posture
Costs Application Following Dismissal of Application for Extension of Time to Appeal / Post Judgment, Costs Determination
Outcome
Application for indemnity costs granted.
Legal Topics
Costs, Indemnity Costs, Extension of Time, Appeals
Civil Procedure Costs Indemnity Costs Extension of Time Appeals

Case Brief

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Parties

Dr Gail Alison Cochrane

Applicant

Harbour Fund II LLP

First Respondent

The Viscount

Second Respondent

Procedural Posture

Costs Application Following Dismissal of Application for Extension of Time to Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the applicant should pay the first respondent's costs on the indemnity basis following dismissal of her application for extension of time to appeal
  2. 2 Whether the conduct of the applicant justifies indemnity costs

Ratio Decidendi

The applicant's conduct in pursuing the application, including extreme and unjustified delay, minimal prospects of success, and unreasonable last-minute applications, was unreasonable and took the case out of the norm, justifying an order for indemnity costs in favour of the first respondent.

Court Disposition

Application for indemnity costs granted.

Orders

  • Applicant to pay Harbour Fund II LLP's costs of and incidental to the application, including costs of the adjournment and fresh evidence applications, on the indemnity basis.
  • No order for costs in favour of the Viscount.