Mayhew Ltd. v. Bois Bois [2016] 1 JLR 77 (26 January 2016)

Mayhew Ltd. v. Bois Bois [2016] 1 JLR 77 (26 January 2016)

Defendant only awarded 50% of costs because attendance at hearing was reasonable but argument for dismissal of claim on merits was unreasonable.

Citation
[2016] 1 JLR 77
Parties
Plaintiff: Mayhew Ltd.; Defendant: Bois Bois
Jurisdiction
Jersey
Judgment Date
26 January 2016
Procedural Posture
Civil / Case Management Directions
Outcome
Defendant awarded 50% of costs for hearing.
Legal Topics
Case Management, Costs, Summons for Directions
Civil Procedure Case Management Costs Summons for Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Mayhew Ltd.

Plaintiff

Bois Bois

Defendant

Procedural Posture

Civil / Case Management Directions

Legal Issues

  1. 1 Consequences of plaintiff failing to issue summons for directions within time limit under Royal Court Rules 2004, r.6/26(1)
  2. 2 Appropriate costs order when action not struck out under r.6/26(13)

Ratio Decidendi

Defendant only awarded 50% of costs because attendance at hearing was reasonable but argument for dismissal of claim on merits was unreasonable.

Court Disposition

Defendant awarded 50% of costs for hearing.

Orders

  • Plaintiff to pay defendant 50% of costs for r.6/26(13) hearing