Holmes -v- Lingard [2017] JRC 187 (07 November 2017)

Holmes -v- Lingard [2017] JRC 187 (07 November 2017)

The defendants are entitled to indemnity costs for the application to lift the interim injunctions due to the plaintiff's failure to give notice and material non-disclosure, both of which constitute conduct taking the case out of the ordinary.

Citation
[2017] JRC 187
Parties
Plaintiff: Holmes; First Defendant: Lingard; Defendant Witness: Daniel Young
Jurisdiction
Jersey
Judgment Date
07 November 2017
Procedural Posture
Civil / Post Judgment Applications for Costs and Related Relief
Outcome
Plaintiff ordered to pay defendants' costs on indemnity and standard basis; plaintiff's cross-application dismissed; damages claim referred for directions.
Legal Topics
Costs, Interim Injunctions, Indemnity Costs, Material Non Disclosure, Case Management
Civil Procedure Costs Interim Injunctions Indemnity Costs Material Non Disclosure Case Management

Case Brief

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Parties

Holmes

Plaintiff

Lingard

First Defendant

Daniel Young

Defendant Witness

Procedural Posture

Civil / Post Judgment Applications for Costs and Related Relief

Legal Issues

  1. 1 Whether the defendants are entitled to indemnity costs for the lifting of interim injunctions
  2. 2 Whether the plaintiff's cross-application for declarations regarding evidence and re-imposition of injunctions should be granted
  3. 3 Whether the defendants' claim for damages should be referred for directions

Ratio Decidendi

The defendants are entitled to indemnity costs for the application to lift the interim injunctions due to the plaintiff's failure to give notice and material non-disclosure, both of which constitute conduct taking the case out of the ordinary.

Court Disposition

Plaintiff ordered to pay defendants' costs on indemnity and standard basis; plaintiff's cross-application dismissed; damages claim referred for directions.

Orders

  • Plaintiff to pay defendants' costs of and incidental to their application to lift interim injunctions on the indemnity basis.
  • Defendants' claim for damages in respect of the imposition of interim injunctions referred to the Master for directions.