Dix and Ors v Sigma Group Limited [2023] JRC 004 (10 January 2023)

Dix and Ors v Sigma Group Limited [2023] JRC 004 (10 January 2023)

The Defendant is ordered to pay the Plaintiffs' costs of and incidental to the quantum hearing on the standard basis, as there was no valid objection to costs incurred by two counsel and costs should follow the event. Summary assessment is not appropriate for trial or winding up costs, but interim payments are ordered. The Society's Code of Conduct does not override the court's discretion in costs matters.

Citation
[2023] JRC 004
Parties
Plaintiff: First Plaintiff (Dix); Plaintiff: Second Plaintiff; Plaintiff: Third Plaintiff; Defendant: Sigma Group Limited
Jurisdiction
Jersey
Judgment Date
10 January 2023
Procedural Posture
Costs Application Following Quantum Judgment / Post Judgment Costs Determination
Outcome
Defendant ordered to pay Plaintiffs' costs of quantum hearing; interim payments ordered for trial and winding up costs; summary assessment denied except for interim payments; Plaintiffs awarded two thirds of costs of costs application.
Legal Topics
Costs Assessment, Conflict of Interest, Breach of Trust, Quantum of Damages, Winding Up Application
Civil Procedure Trusts Employment Benefits Costs Assessment Conflict of Interest Breach of Trust Quantum of Damages Winding Up Application

Case Brief

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Parties

First Plaintiff (Dix)

Plaintiff

Second Plaintiff

Plaintiff

Third Plaintiff

Plaintiff

Sigma Group Limited

Defendant

Procedural Posture

Costs Application Following Quantum Judgment / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether Defendant should pay Plaintiffs' costs of quantum hearing
  2. 2 Whether costs incurred by two counsel from same firm are recoverable
  3. 3 Whether summary assessment of winding up and trial costs is appropriate

Ratio Decidendi

The Defendant is ordered to pay the Plaintiffs' costs of and incidental to the quantum hearing on the standard basis, as there was no valid objection to costs incurred by two counsel and costs should follow the event. Summary assessment is not appropriate for trial or winding up costs, but interim payments are ordered. The Society's Code of Conduct does not override the court's discretion in costs matters.

Court Disposition

Defendant ordered to pay Plaintiffs' costs of quantum hearing; interim payments ordered for trial and winding up costs; summary assessment denied except for interim payments; Plaintiffs awarded two thirds of costs of costs application.

Orders

  • Defendant to pay Plaintiffs' costs of quantum hearing on standard basis to be taxed if not agreed.
  • Defendant to pay First Plaintiff £18,627.50 as interim payment for trial costs within 28 days.