Pell Frischmann -v- Bow Valley and Ors [2007] JRC 143 (26 July 2007)

Pell Frischmann -v- Bow Valley and Ors [2007] JRC 143 (26 July 2007)

Costs are apportioned 20% to the plaintiff and 80% to the defendants, reflecting the plaintiff's limited success on breach of confidence and the defendants' success on all other claims. Indemnity costs are awarded to the defendants from March 1, 2006, due to the plaintiff's unreasonable and oppressive conduct in pursuing exaggerated claims and allegations of conspiracy.

Citation
[2007] JRC 143
Parties
Plaintiff: Pell Frischmann; First Defendant: Bow Valley Iran Limited; Second Defendant: Bow Valley Energy Limited; Third Defendant: PT Bakrie Interinvestindo; Fourth Defendant: Bow Valley International (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
26 July 2007
Procedural Posture
Commercial Litigation / Post Trial Costs Judgment
Outcome
Costs apportioned; partial indemnity costs awarded to defendants.
Legal Topics
Costs, Breach of Confidence, Conspiracy, Indemnity Costs, Settlement Offers
Civil Procedure Commercial Law Costs Breach of Confidence Conspiracy Indemnity Costs Settlement Offers

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Parties

Pell Frischmann

Plaintiff

Bow Valley Iran Limited

First Defendant

Bow Valley Energy Limited

Second Defendant

PT Bakrie Interinvestindo

Third Defendant

Bow Valley International (Jersey) Limited

Fourth Defendant

Procedural Posture

Commercial Litigation / Post Trial Costs Judgment

Legal Issues

  1. 1 Appropriate apportionment of costs following partial success
  2. 2 Entitlement to indemnity costs
  3. 3 Effect of settlement offers on costs

Ratio Decidendi

Costs are apportioned 20% to the plaintiff and 80% to the defendants, reflecting the plaintiff's limited success on breach of confidence and the defendants' success on all other claims. Indemnity costs are awarded to the defendants from March 1, 2006, due to the plaintiff's unreasonable and oppressive conduct in pursuing exaggerated claims and allegations of conspiracy.

Court Disposition

Costs apportioned; partial indemnity costs awarded to defendants.

Orders

  • Bow Valley Defendants to pay 100% of plaintiff's costs on Iranian law issue (standard basis).
  • Bow Valley Defendants and Third Defendant to pay 20% of remainder of plaintiff's costs (standard basis).