Forward Group Limited v Balfour Investments Limited and Ors [2023] JRC 258 (29 December 2023)

Forward Group Limited v Balfour Investments Limited and Ors [2023] JRC 258 (29 December 2023)

A pre-agreed indemnity costs provision is a factor for the Court to consider but does not override the Court's discretion; in this case, the Plaintiff is awarded its costs up to 18 May 2023, and the Defendants are awarded 50% of their costs thereafter, both on the standard basis unless otherwise agreed or taxed.

Citation
[2023] JRC 258
Parties
Plaintiff: Forward Group Limited; Defendants: Balfour Investments Limited and Ors
Jurisdiction
Jersey
Judgment Date
29 December 2023
Procedural Posture
Civil / Costs Determination Following Judgment
Outcome
Costs awarded in part to both parties; interim payment ordered.
Legal Topics
Costs, Indemnity Costs, Contractual Costs Provisions, Calderbank Offers, Litigation Conduct
Civil Procedure Contract Law Costs Indemnity Costs Contractual Costs Provisions Calderbank Offers Litigation Conduct

Case Brief

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Parties

Forward Group Limited

Plaintiff

Balfour Investments Limited and Ors

Defendants

Procedural Posture

Civil / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to indemnity costs based on a contractual provision
  2. 2 Whether the conduct of the Defendants justifies indemnity costs
  3. 3 How Calderbank offers affect the costs order

Ratio Decidendi

A pre-agreed indemnity costs provision is a factor for the Court to consider but does not override the Court's discretion; in this case, the Plaintiff is awarded its costs up to 18 May 2023, and the Defendants are awarded 50% of their costs thereafter, both on the standard basis unless otherwise agreed or taxed.

Court Disposition

Costs awarded in part to both parties; interim payment ordered.

Orders

  • Plaintiff awarded costs of and incidental to the proceedings up to and including 18 May 2023.
  • Defendants awarded 50% of their costs from 19 May 2023 up to and including the date of the costs hearing.