1998/193 - Harris v Crichton [1998] UR 193 (24 September 1998)

There was no special element in the conduct of the litigation or failure to accept compromise offers that would justify an order for indemnity costs; taxed costs should follow the event.

Citation: [1998] UR 193
Parties: Plaintiff: Mr Harris; Defendant: Mr Crichton
Jurisdiction: Jersey
Judgment Date: 24 September 1998
Procedural Posture: Representation / Post Trial Judgment
Outcome: Plaintiff to pay taxed costs to defendant; application for indemnity costs refused.
Legal Topics: Costs, Indemnity Costs, Interpretation of Agreements

Civil Procedure Costs Indemnity Costs Interpretation of Agreements

Case Brief

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Parties

Mr Harris

Plaintiff

Mr Crichton

Defendant

Procedural Posture

Representation / Post Trial Judgment

Legal Issues

1 Whether indemnity costs should be awarded to the defendant
2 Interpretation of dissolution and variation agreements between parties

Ratio Decidendi

There was no special element in the conduct of the litigation or failure to accept compromise offers that would justify an order for indemnity costs; taxed costs should follow the event.

Court Disposition

Plaintiff to pay taxed costs to defendant; application for indemnity costs refused.

Orders

Plaintiff will pay taxed costs to defendant.
No indemnity costs awarded.