Carry -v- Liston [2016] JRC 203B (08 November 2016)

Carry -v- Liston [2016] JRC 203B (08 November 2016)

The plaintiff is entitled to her costs of the PQ claim on the standard basis up to 31 May 2016 and on the indemnity basis thereafter until withdrawal, as the defendants should have withdrawn the PQ claim earlier once their evidence failed. However, the defendants acted reasonably in initially pursuing the claim and withdrawing it upon review, so indemnity costs are not justified for the entire period. Assessment of costs is stayed due to overlap with the ongoing PE claim.

Citation
[2016] JRC 203B
Parties
Plaintiff: Joyelle Ann Carry; Defendants: Mr and Mrs Liston
Jurisdiction
Jersey
Judgment Date
08 November 2016
Procedural Posture
Costs Application / Post Withdrawal of Claim, Interlocutory
Outcome
Plaintiff's application for indemnity costs partially granted
Legal Topics
Costs, Adverse Possession, Proprietary Estoppel, Boundary Disputes, Mediation
Civil Procedure Property Law Costs Adverse Possession Proprietary Estoppel Boundary Disputes Mediation

Case Brief

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Parties

Joyelle Ann Carry

Plaintiff

Mr and Mrs Liston

Defendants

Procedural Posture

Costs Application / Post Withdrawal of Claim, Interlocutory

Legal Issues

  1. 1 Whether the plaintiff is entitled to indemnity costs following the defendants' withdrawal of the possession quadragenaire (PQ) claim
  2. 2 Whether costs should be assessed now or stayed pending resolution of the proprietary estoppel (PE) claim
  3. 3 Whether refusal to mediate affects the costs order

Ratio Decidendi

The plaintiff is entitled to her costs of the PQ claim on the standard basis up to 31 May 2016 and on the indemnity basis thereafter until withdrawal, as the defendants should have withdrawn the PQ claim earlier once their evidence failed. However, the defendants acted reasonably in initially pursuing the claim and withdrawing it upon review, so indemnity costs are not justified for the entire period. Assessment of costs is stayed due to overlap with the ongoing PE claim.

Court Disposition

Plaintiff's application for indemnity costs partially granted

Orders

  • Defendants to pay plaintiff's costs of the PQ claim on the standard basis up to 31 May 2016 and on the indemnity basis thereafter until withdrawal of the PQ claim.
  • Taxation of such costs is stayed until after trial of the PE claim.