Trigwell -v- Clapp [2017] JRC 185 (03 November 2017)

Trigwell -v- Clapp [2017] JRC 185 (03 November 2017)

The Respondent, Mr Clapp, was entirely successful in defending the claim, and Mr Trigwell, having chosen to bring the litigation and persisted despite contrary evidence, must pay the Respondent's costs on the standard basis.

Citation
[2017] JRC 185
Parties
Representor: David John Trigwell; Respondent: Gerald Clapp
Jurisdiction
Jersey
Judgment Date
03 November 2017
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Application for costs by Mr Trigwell dismissed; costs awarded to Mr Clapp on the standard basis.
Legal Topics
Costs, Beneficial Ownership, Company Law
Civil Procedure Costs Beneficial Ownership Company Law

Case Brief

Summary, issues, holding and outcome

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Parties

David John Trigwell

Representor

Gerald Clapp

Respondent

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the Respondent should be awarded costs after successfully defending a claim for beneficial ownership of a company.

Ratio Decidendi

The Respondent, Mr Clapp, was entirely successful in defending the claim, and Mr Trigwell, having chosen to bring the litigation and persisted despite contrary evidence, must pay the Respondent's costs on the standard basis.

Court Disposition

Application for costs by Mr Trigwell dismissed; costs awarded to Mr Clapp on the standard basis.

Orders

  • Mr Trigwell to pay Mr Clapp's costs on the standard basis.