N. E. Masefield Limited v Gleeson [2023] JRC 161 (11 September 2023)

N. E. Masefield Limited v Gleeson [2023] JRC 161 (11 September 2023)

Plaintiff's unreasonable conduct in failing to provide particulars, issuing uneconomic proceedings, and not engaging properly in pre-action process justifies indemnity costs award to Defendant.

Citation
[2023] JRC 161
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 September 2023
Procedural Posture
Civil / Post Discontinuance, Costs Determination
Outcome
Plaintiff's application for standard costs rejected; indemnity costs awarded to Defendant.
Legal Topics
Discontinuance, Costs, Indemnity Costs, Pre Action Conduct, Contract Variations
Civil Procedure Construction Law Discontinuance Costs Indemnity Costs Pre Action Conduct Contract Variations

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Should the Plaintiff pay the Defendant's costs upon discontinuance?
  2. 2 Should costs be awarded on a standard or indemnity basis?

Ratio Decidendi

Plaintiff's unreasonable conduct in failing to provide particulars, issuing uneconomic proceedings, and not engaging properly in pre-action process justifies indemnity costs award to Defendant.

Court Disposition

Plaintiff's application for standard costs rejected; indemnity costs awarded to Defendant.

Orders

  • Plaintiff to pay Defendant's costs of and incidental to the proceedings on an indemnity basis.
  • Interim payment on account of costs ordered in the sum of £31,700.