Pender v GHH (Jersey) Limited and Ors [2019] JRC 228 (26 November 2019)

Pender v GHH (Jersey) Limited and Ors [2019] JRC 228 (26 November 2019)

Costs are awarded to the fourth to eleventh defendants on the standard basis for advice necessarily incurred due to their joinder, but not for preliminary steps in preparing an answer; indemnity costs and pro-rata apportionment are not justified as the plaintiff acted reasonably once challenged.

Citation
[2019] JRC 228
Parties
Plaintiff: Plaintiff; Defendants: Second to Eleventh Defendants
Jurisdiction
Jersey
Judgment Date
26 November 2019
Procedural Posture
Unfair Prejudice Application / Costs Determination Following Discontinuance Against Fourth to Eleventh Defendants
Outcome
Costs awarded to fourth to eleventh defendants on standard basis; each party bears own costs for the costs argument; plaintiff's costs in the cause for extension of time for filing answer.
Legal Topics
Unfair Prejudice, Joinder of Parties, Costs Orders, Case Management
Company Law Civil Procedure Unfair Prejudice Joinder of Parties Costs Orders Case Management

Case Brief

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Parties

Plaintiff

Plaintiff

Second to Eleventh Defendants

Defendants

Procedural Posture

Unfair Prejudice Application / Costs Determination Following Discontinuance Against Fourth to Eleventh Defendants

Legal Issues

  1. 1 Whether costs should be paid on a standard or indemnity basis
  2. 2 Whether costs payable are limited to the cross-summons or extend to the action

Ratio Decidendi

Costs are awarded to the fourth to eleventh defendants on the standard basis for advice necessarily incurred due to their joinder, but not for preliminary steps in preparing an answer; indemnity costs and pro-rata apportionment are not justified as the plaintiff acted reasonably once challenged.

Court Disposition

Costs awarded to fourth to eleventh defendants on standard basis; each party bears own costs for the costs argument; plaintiff's costs in the cause for extension of time for filing answer.

Orders

  • Plaintiff to pay fourth to eleventh defendants' costs on standard basis for advice necessarily incurred due to joinder.
  • Each party to bear own costs for the costs argument before the court.