Goncalves v D. B. Cummins (Jersey) Limited [2019] JRC 227 (26 November 2019)

Goncalves v D. B. Cummins (Jersey) Limited [2019] JRC 227 (26 November 2019)

The plaintiff is entitled to recover 50% of his costs on the standard basis due to the defendant's failure to comply with deadlines for witness statements and late application for expert evidence, but not on an indemnity basis as the conduct was not sufficiently serious. The balance of costs is plaintiff's costs in the cause, reflecting that both parties contributed to the need for extensions.

Citation
[2019] JRC 227
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
26 November 2019
Procedural Posture
Personal Injury Damages Claim / Costs Order Following Applications for Extension of Time for Witness Statements and Expert Evidence
Outcome
Plaintiff to recover 50% of costs on the standard basis; balance is plaintiff's costs in the cause.
Legal Topics
Costs Orders, Extensions of Time, Expert Evidence, Witness Statements
Civil Procedure Personal Injury Costs Orders Extensions of Time Expert Evidence Witness Statements

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Damages Claim / Costs Order Following Applications for Extension of Time for Witness Statements and Expert Evidence

Legal Issues

  1. 1 Whether the plaintiff should recover costs for late filing of witness statements
  2. 2 Whether the plaintiff should recover costs for extension of time for expert evidence

Ratio Decidendi

The plaintiff is entitled to recover 50% of his costs on the standard basis due to the defendant's failure to comply with deadlines for witness statements and late application for expert evidence, but not on an indemnity basis as the conduct was not sufficiently serious. The balance of costs is plaintiff's costs in the cause, reflecting that both parties contributed to the need for extensions.

Court Disposition

Plaintiff to recover 50% of costs on the standard basis; balance is plaintiff's costs in the cause.

Orders

  • Plaintiff to recover 50% of his costs on the standard basis.
  • Balance of costs to be plaintiff's costs in the cause.