Watkins v Egglishaw [2002] JRC 2 (08 January 2002)

Watkins v Egglishaw [2002] JRC 2 (08 January 2002)

Given the mixed success of the parties, the complexity of the issues, and the conduct of both sides, including the Defendants' conduct in discovery and the Plaintiffs' handling of certain claims, justice is best served by making no order as to costs in either action, except that the Defendants' costs of Mr. Watkins' application to adduce evidence by affidavit should be borne by Mr. Watkins.

Citation
[2002] JRC 2
Parties
Plaintiff: Mr. Connell; Plaintiff: Mr. Watkins; Defendant: Mr. Richard Egglishaw; Defendant: Mr. Philip Egglishaw
Jurisdiction
Jersey
Judgment Date
08 January 2002
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
No order as to costs in either action, except that the Defendants' costs of Mr. Watkins' application to adduce evidence by affidavit are to be borne by Mr. Watkins.
Legal Topics
Costs, Discretion of Court, Pre Litigation Conduct, Success and Costs, Discovery
Civil Procedure Costs Discretion of Court Pre Litigation Conduct Success and Costs Discovery

Case Brief

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Parties

Mr. Connell

Plaintiff

Mr. Watkins

Plaintiff

Mr. Richard Egglishaw

Defendant

Mr. Philip Egglishaw

Defendant

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 What is the appropriate order as to costs in the Main Action and the Second Action?
  2. 2 To what extent should the conduct of the parties, including pre-litigation conduct, affect the award of costs?
  3. 3 Should costs follow the event or be apportioned differently given the mixed success of the parties?

Ratio Decidendi

Given the mixed success of the parties, the complexity of the issues, and the conduct of both sides, including the Defendants' conduct in discovery and the Plaintiffs' handling of certain claims, justice is best served by making no order as to costs in either action, except that the Defendants' costs of Mr. Watkins' application to adduce evidence by affidavit should be borne by Mr. Watkins.

Court Disposition

No order as to costs in either action, except that the Defendants' costs of Mr. Watkins' application to adduce evidence by affidavit are to be borne by Mr. Watkins.

Orders

  • No order as to costs in either action.
  • Defendants' costs of Mr. Watkins' application to adduce evidence by affidavit to be borne by Mr. Watkins.