Fogarty -v- St Martin's Cottage Ltd [2016] JRC 073 (30 March 2016)

Fogarty -v- St Martin's Cottage Ltd [2016] JRC 073 (30 March 2016)

Plaintiff was more successful overall, having established encroachment and secured damages, though not the removal order sought. Defendant raised speculative and unsuccessful defences, including wrongful fraud allegations, impacting costs liability. Mediation failure did not result from plaintiff's bad faith. Costs are awarded to plaintiff: 40% on standard basis, 20% on indemnity basis for wrongful fraud pleading.

Citation
[2016] JRC 073
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
30 March 2016
Procedural Posture
Property Dispute / Post Judgment Costs Determination
Outcome
Defendant ordered to pay 40% of plaintiff's costs on standard basis and 20% on indemnity basis.
Legal Topics
Boundary Disputes, Encroachment, Damages, Costs, Mediation, Fraud Pleadings
Property Law Civil Procedure Boundary Disputes Encroachment Damages Costs Mediation Fraud Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Property Dispute / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following a property dispute
  2. 2 Impact of unsuccessful mediation on costs
  3. 3 Effect of wrongful pleading of fraud on costs assessment

Ratio Decidendi

Plaintiff was more successful overall, having established encroachment and secured damages, though not the removal order sought. Defendant raised speculative and unsuccessful defences, including wrongful fraud allegations, impacting costs liability. Mediation failure did not result from plaintiff's bad faith. Costs are awarded to plaintiff: 40% on standard basis, 20% on indemnity basis for wrongful fraud pleading.

Court Disposition

Defendant ordered to pay 40% of plaintiff's costs on standard basis and 20% on indemnity basis.

Orders

  • Defendant to pay 40% of plaintiff's costs on standard basis.
  • Defendant to pay 20% of plaintiff's costs on indemnity basis.