Autorain Ltd v Pires [2002] JRC 83 (23 April 2002)

Autorain Ltd v Pires [2002] JRC 83 (23 April 2002)

The defendant's conduct in ignoring early offers, prolonging proceedings, and capitulating only at the last moment was unreasonable and an abuse of process, justifying an award of indemnity costs to the plaintiff.

Citation
[2002] JRC 83
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
23 April 2002
Procedural Posture
Civil Claim / Costs Determination After Withdrawal of Defence and Counterclaim
Outcome
Costs awarded to the plaintiff on an indemnity basis.
Legal Topics
Costs, Indemnity Costs, Withdrawal of Defence, Settlement Offers
Civil Procedure Contract Costs Indemnity Costs Withdrawal of Defence Settlement Offers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Claim / Costs Determination After Withdrawal of Defence and Counterclaim

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs on an indemnity basis following late withdrawal of defence and counterclaim by the defendant.

Ratio Decidendi

The defendant's conduct in ignoring early offers, prolonging proceedings, and capitulating only at the last moment was unreasonable and an abuse of process, justifying an award of indemnity costs to the plaintiff.

Court Disposition

Costs awarded to the plaintiff on an indemnity basis.

Orders

  • Plaintiff awarded costs on an indemnity basis.
  • If any dispute arises on the figure, the matter must return to court.