Ogden -v- Voice Commerce Group Ltd [2015] JRC 092 (05 May 2015)

The plaintiff's serious non-disclosure and false assertions in his affidavit, combined with abuse of process in obtaining an ex parte injunction, justify awarding indemnity costs to the defendant.

Citation: [2015] JRC 092
Parties: Plaintiff: Mr Ogden; Defendant: Voice Commerce Group Limited
Jurisdiction: Jersey
Judgment Date: 05 May 2015
Procedural Posture: Civil / Post Judgment Costs Application
Outcome: Defendant awarded indemnity costs.
Legal Topics: Costs, Non Disclosure, Ex Parte Injunction, Abuse of Process

Civil Procedure Costs Non Disclosure Ex Parte Injunction Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Ogden

Plaintiff

Voice Commerce Group Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

1 Whether indemnity costs should be awarded due to serious non-disclosure and abuse of process
2 Whether the plaintiff's means are relevant to the costs order

Ratio Decidendi

The plaintiff's serious non-disclosure and false assertions in his affidavit, combined with abuse of process in obtaining an ex parte injunction, justify awarding indemnity costs to the defendant.

Court Disposition

Defendant awarded indemnity costs.

Orders

Defendant awarded its costs of and incidental to these proceedings on the indemnity basis.