Lloyds Pharmacy Limited v Le Falher-Le Bourser and Anor 30-Oct-2019 [2019] JRC 217 (30 October 2019)

Lloyds Pharmacy Limited v Le Falher-Le Bourser and Anor 30-Oct-2019 [2019] JRC 217 (30 October 2019)

Summary judgment was granted because the plaintiff provided credible evidence of arrears and the defendants failed to file any answer or affidavit raising a triable issue. The application for adjournment was refused due to the defendants' prior knowledge, repeated delays, and lack of engagement. Indemnity costs were awarded due to the defendants' and Leslie's pattern of prevarication, delay, and misleading the court.

Citation
[2019] JRC 217
Parties
Plaintiff: Lloyds Pharmacy Limited; Second Defendant: Re-Play (Video Games and Movies) Limited; First Defendant: Didier Le Falher-Le Bourser
Jurisdiction
Jersey
Judgment Date
30 October 2019
Procedural Posture
Civil / Summary Judgment and Costs Order
Outcome
Summary judgment granted for the plaintiff against both defendants; application for adjournment refused; indemnity costs awarded to the plaintiff.
Legal Topics
Summary Judgment, Lease Arrears, Guarantor Liability, Indemnity Costs, Adjournment Applications
Landlord and Tenant Contract Law Civil Procedure Summary Judgment Lease Arrears Guarantor Liability Indemnity Costs Adjournment Applications

Case Brief

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Parties

Lloyds Pharmacy Limited

Plaintiff

Re-Play (Video Games and Movies) Limited

Second Defendant

Didier Le Falher-Le Bourser

First Defendant

Procedural Posture

Civil / Summary Judgment and Costs Order

Legal Issues

  1. 1 Whether summary judgment should be granted against the defendants for arrears under a sub-lease and guarantee.
  2. 2 Whether the defendants are entitled to an adjournment of the summary judgment hearing.
  3. 3 Whether indemnity costs should be awarded against the defendants.

Ratio Decidendi

Summary judgment was granted because the plaintiff provided credible evidence of arrears and the defendants failed to file any answer or affidavit raising a triable issue. The application for adjournment was refused due to the defendants' prior knowledge, repeated delays, and lack of engagement. Indemnity costs were awarded due to the defendants' and Leslie's pattern of prevarication, delay, and misleading the court.

Court Disposition

Summary judgment granted for the plaintiff against both defendants; application for adjournment refused; indemnity costs awarded to the plaintiff.

Orders

  • Summary judgment for arrears of rent under the sub-lease and guarantee, with the amount reduced by £7,500 due to a possible agreement to accept half rent for three quarters.
  • Defendants to pay plaintiff's costs on an indemnity basis.