Sutton -v- ICCI [2011] JRC 028A (31 January 2011)

Sutton -v- ICCI [2011] JRC 028A (31 January 2011)

The Defendant is awarded standard costs as costs follow the event; although there were grounds for indemnity costs due to Plaintiff's conduct, the Court did not find fraud or improper purpose sufficient to justify indemnity costs.

Citation
[2011] JRC 028A
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
31 January 2011
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Defendant awarded standard costs of and incidental to the claim and the argument on costs.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Litigation Conduct
Civil Procedure Costs Indemnity Costs Standard Costs Litigation Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis
  2. 2 Whether Plaintiff should receive any costs or offset
  3. 3 Appropriate conduct in preparation of bundles and correspondence

Ratio Decidendi

The Defendant is awarded standard costs as costs follow the event; although there were grounds for indemnity costs due to Plaintiff's conduct, the Court did not find fraud or improper purpose sufficient to justify indemnity costs.

Court Disposition

Defendant awarded standard costs of and incidental to the claim and the argument on costs.

Orders

  • Plaintiff to pay Defendant's standard costs of and incidental to the claim and today's argument.