Booth -v- Collas Crill [2017] JRC 038 (06 March 2017)

Booth -v- Collas Crill [2017] JRC 038 (06 March 2017)

Neither party is the outright winner; both have been partially successful and at fault in their conduct. The plaintiff should bear his own costs for the original order of justice and up to the provision of particulars, with no order for costs on the particulars themselves. From the date the plaintiff's answers clarified the core claim, the plaintiff recovers 50% of his costs in resisting the strike out application. The defendant recovers its costs up to the provision of particulars, bears its own costs for the excessive particulars and bundle preparation, and recovers 50% of its remaining costs until the amended claim was accepted. Costs for the amended order of justice and answer are...

Citation
[2017] JRC 038
Parties
Plaintiff: Mr Booth; Defendant: Collas Crill
Jurisdiction
Jersey
Judgment Date
06 March 2017
Procedural Posture
Civil / Costs Order Following Strike Out Application and Amendment of Pleadings
Outcome
Costs apportioned; partial recovery for both parties; net balance to be set off.
Legal Topics
Costs, Strike Out Applications, Pleadings Amendment, Legal Professional Duty
Civil Procedure Professional Negligence Costs Strike Out Applications Pleadings Amendment Legal Professional Duty

Case Brief

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Parties

Mr Booth

Plaintiff

Collas Crill

Defendant

Procedural Posture

Civil / Costs Order Following Strike Out Application and Amendment of Pleadings

Legal Issues

  1. 1 What is the appropriate costs order where a defendant's strike out application is not pursued after the plaintiff amends his claim?
  2. 2 To what extent should costs be apportioned when both parties have partial success and criticism in conduct?

Ratio Decidendi

Neither party is the outright winner; both have been partially successful and at fault in their conduct. The plaintiff should bear his own costs for the original order of justice and up to the provision of particulars, with no order for costs on the particulars themselves. From the date the plaintiff's answers clarified the core claim, the plaintiff recovers 50% of his costs in resisting the strike out application. The defendant recovers its costs up to the provision of particulars, bears its own costs for the excessive particulars and bundle preparation, and recovers 50% of its remaining costs until the amended claim was accepted. Costs for the amended order of justice and answer are...

Court Disposition

Costs apportioned; partial recovery for both parties; net balance to be set off.

Orders

  • Plaintiff to bear own costs for original order of justice and up to 27 August 2015.
  • No order for costs on further and better particulars.