MacLeod v The Channel Islands Cooperative Society Limited [2024] JRC 127 (05 June 2024)

MacLeod v The Channel Islands Cooperative Society Limited [2024] JRC 127 (05 June 2024)

No order as to costs for the Plaintiff's extension of time application as both parties bore some responsibility; Plaintiff to recover 50% of costs on the specific discovery application reflecting partial success; Defendant to recover standard costs on its summons due to Plaintiff's breach of Practice Direction, but not indemnity costs as not all relief was granted; costs orders not enforceable until conclusion of proceedings and subject to netting off, per Rule 12A.

Citation
[2024] JRC 127
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
05 June 2024
Procedural Posture
Personal Injury / Post Interlocutory, Costs Determination Following Discovery Related Summonses
Outcome
Costs orders made as follows: no order as to costs for Plaintiff's extension of time application; Plaintiff to recover 50% of costs on specific discovery application on standard basis; Defendant to recover standard costs on its summons; each party to bear their own costs of the costs hearing; costs orders not...
Legal Topics
Costs, Discovery, Practice Directions, Enforcement of Costs Orders
Civil Procedure Personal Injury Costs Discovery Practice Directions Enforcement of Costs Orders

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Post Interlocutory, Costs Determination Following Discovery Related Summonses

Legal Issues

  1. 1 Entitlement to costs for out-of-time application for specific discovery
  2. 2 Costs allocation for partially successful specific discovery application
  3. 3 Costs consequences of non-compliance with e-discovery Practice Direction

Ratio Decidendi

No order as to costs for the Plaintiff's extension of time application as both parties bore some responsibility; Plaintiff to recover 50% of costs on the specific discovery application reflecting partial success; Defendant to recover standard costs on its summons due to Plaintiff's breach of Practice Direction, but not indemnity costs as not all relief was granted; costs orders not enforceable until conclusion of proceedings and subject to netting off, per Rule 12A.

Court Disposition

Costs orders made as follows: no order as to costs for Plaintiff's extension of time application; Plaintiff to recover 50% of costs on specific discovery application on standard basis; Defendant to recover standard costs on its summons; each party to bear their own costs of the costs hearing; costs orders not...

Orders

  • No order as to costs for Plaintiff's extension of time application.
  • Plaintiff to recover 50% of costs on specific discovery application on standard basis.