Cafe de Lecq -v- Rossborough [2011] JRC 071 (01 April 2011)

Cafe de Lecq -v- Rossborough [2011] JRC 071 (01 April 2011)

The plaintiff was not unreasonable in contesting the privilege issue, but as it lost on that issue, a deduction in costs is appropriate. A broad approach is preferable to avoid complex taxation, and a 20% deduction fairly reflects the plaintiff's partial lack of success.

Citation
[2011] JRC 071
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
01 April 2011
Procedural Posture
Costs Ruling / Post Judgment
Outcome
Defendant to pay 80% of the plaintiff's costs on the standard basis.
Legal Topics
Costs, Privilege, Injunctions
Civil Procedure Costs Privilege Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Costs Ruling / Post Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs after partial success
  2. 2 Whether costs should be apportioned due to success on only one of two main issues

Ratio Decidendi

The plaintiff was not unreasonable in contesting the privilege issue, but as it lost on that issue, a deduction in costs is appropriate. A broad approach is preferable to avoid complex taxation, and a 20% deduction fairly reflects the plaintiff's partial lack of success.

Court Disposition

Defendant to pay 80% of the plaintiff's costs on the standard basis.

Orders

  • Defendant to pay 80% of the plaintiff's costs on the standard basis.