Cornick v Le Gac [2003] JRC 177 (13 October 2003)

Cornick v Le Gac [2003] JRC 177 (13 October 2003)

The Defendant's conduct, including ignoring justified complaints, failing to settle, and persisting in trespass and nuisance, justified awarding the Plaintiff her taxed costs on the standard basis, as the Defendant brought the litigation upon himself.

Citation
[2003] JRC 177
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
13 October 2003
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Plaintiff awarded taxed costs on the standard basis.
Legal Topics
Nuisance, Trespass, Costs, Judicial Discretion
Tort Law Civil Procedure Nuisance Trespass Costs Judicial Discretion

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 the Plaintiff should be awarded costs despite the damages being much lower than the costs incurred
  2. 2 Whether the Defendant's conduct justified a departure from the general rule on costs

Ratio Decidendi

The Defendant's conduct, including ignoring justified complaints, failing to settle, and persisting in trespass and nuisance, justified awarding the Plaintiff her taxed costs on the standard basis, as the Defendant brought the litigation upon himself.

Court Disposition

Plaintiff awarded taxed costs on the standard basis.

Orders

  • Plaintiff to be awarded her taxed costs of and incidental to the proceedings on the standard basis.