I -v- J [2016] JRC 162 (12 September 2016)

I -v- J [2016] JRC 162 (12 September 2016)

The Plaintiff was the clear winner, having succeeded in her contractual claim for £50,000, and costs should follow the event. However, the costs of the unsuccessful late amendment application should be borne by the Plaintiff, and the Defendant is entitled to a reduction in the costs payable to the Plaintiff to reflect this.

Citation
[2016] JRC 162
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
12 September 2016
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Costs of the main proceedings awarded to the Plaintiff, subject to reduction for costs of the unsuccessful amendment application, which are to be paid by the Plaintiff to the Defendant.
Legal Topics
Costs, Contract, Nominee Shareholding, Amendment of Pleadings
Civil Procedure Costs Contract Nominee Shareholding Amendment of Pleadings

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether costs should follow the event in circumstances where the Plaintiff succeeded in contract but failed on beneficial ownership claim
  2. 2 Whether costs of a late amendment application should be borne by the Plaintiff or Defendant

Ratio Decidendi

The Plaintiff was the clear winner, having succeeded in her contractual claim for £50,000, and costs should follow the event. However, the costs of the unsuccessful late amendment application should be borne by the Plaintiff, and the Defendant is entitled to a reduction in the costs payable to the Plaintiff to reflect this.

Court Disposition

Costs of the main proceedings awarded to the Plaintiff, subject to reduction for costs of the unsuccessful amendment application, which are to be paid by the Plaintiff to the Defendant.

Orders

  • Defendant to pay Plaintiff's costs of the main proceedings on the standard basis, to be taxed if not agreed.
  • Plaintiff to pay Defendant's costs of and incidental to the unsuccessful amendment application on the standard basis, to be taxed if not agreed.