Pirrwitz -v- AI, PI and Vilsmeier [2013] JRC 038 (19 February 2013)

Pirrwitz -v- AI, PI and Vilsmeier [2013] JRC 038 (19 February 2013)

Indemnity costs were awarded for defending the counter-claim because the counter-claim was wholly unreasonable, should never have been made, and was pursued despite clear warnings. Standard costs were awarded for the main claim and third party proceedings as there was nothing to take those aspects out of the ordinary.

Citation
[2013] JRC 038
Parties
Plaintiff: Mr Pirrwitz; Defendant: AI; Defendant: PI; Third Party: Mr Vilsmeier
Jurisdiction
Jersey
Judgment Date
19 February 2013
Procedural Posture
Civil / Post Trial Judgment and Costs Determination
Outcome
Costs orders made as follows: indemnity costs for defending the counter-claim; standard costs for the main claim and third party proceedings.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Counter Claim, Calderbank Offers
Civil Procedure Company Law Costs Indemnity Costs Standard Costs Counter Claim Calderbank Offers

Case Brief

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Parties

Mr Pirrwitz

Plaintiff

AI

Defendant

PI

Defendant

Mr Vilsmeier

Third Party

Procedural Posture

Civil / Post Trial Judgment and Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded for defending the counter-claim
  2. 2 Whether standard or indemnity costs should be awarded for the main claim and third party proceedings
  3. 3 Relevance of Calderbank offers to the basis of costs assessment

Ratio Decidendi

Indemnity costs were awarded for defending the counter-claim because the counter-claim was wholly unreasonable, should never have been made, and was pursued despite clear warnings. Standard costs were awarded for the main claim and third party proceedings as there was nothing to take those aspects out of the ordinary.

Court Disposition

Costs orders made as follows: indemnity costs for defending the counter-claim; standard costs for the main claim and third party proceedings.

Orders

  • AI and PI to pay Mr Vilsmeier's costs of defending third party claims on a standard basis.
  • AI to pay Mr Pirrwitz's costs of defending the counter-claim on an indemnity basis.