Optical Services and Ors -v- Carey Olsen and Ors [2015] JRC 099 (12 May 2015)

Optical Services and Ors -v- Carey Olsen and Ors [2015] JRC 099 (12 May 2015)

The first defendant is entitled to costs on the standard basis for the duty of care issue, not indemnity, as there was no conduct by the plaintiffs warranting indemnity costs. Carey Olsen, represented by its own employee, is treated as a litigant in person and may recover costs only as allowed under Rule 12/6 of the Royal Court Rules 2004, not full professional fees.

Citation
[2015] JRC 099
Parties
Plaintiff: Optical Services (Jersey) Ltd & Ors; First Defendant: Carey Olsen; Second Defendant: Second Defendant; Third Defendant: Third Defendant
Jurisdiction
Jersey
Judgment Date
12 May 2015
Procedural Posture
Costs Application Following Preliminary Issue Judgment / Post Judgment, Costs Determination
Outcome
Costs awarded to the first defendant on the standard basis for the duty of care issue; each party to bear their own costs on the lacuna issue.
Legal Topics
Costs, Indemnity Costs, Duty of Care, Litigants in Person, Legal Profession, Code of Conduct
Civil Procedure Professional Negligence Costs Indemnity Costs Duty of Care Litigants in Person Legal Profession Code of Conduct

Case Brief

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Parties

Optical Services (Jersey) Ltd & Ors

Plaintiff

Carey Olsen

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

Procedural Posture

Costs Application Following Preliminary Issue Judgment / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the first defendant should be awarded costs
  2. 2 Whether costs should be on the standard or indemnity basis
  3. 3 What costs can the first defendant recover given self-representation

Ratio Decidendi

The first defendant is entitled to costs on the standard basis for the duty of care issue, not indemnity, as there was no conduct by the plaintiffs warranting indemnity costs. Carey Olsen, represented by its own employee, is treated as a litigant in person and may recover costs only as allowed under Rule 12/6 of the Royal Court Rules 2004, not full professional fees.

Court Disposition

Costs awarded to the first defendant on the standard basis for the duty of care issue; each party to bear their own costs on the lacuna issue.

Orders

  • First defendant to recover costs on the standard basis for the duty of care issue, subject to taxation if not agreed.
  • Each party to bear their own costs on the lacuna issue.