McGorrin v Pascoe [2002] JRC 119A (13 June 2002)

McGorrin v Pascoe [2002] JRC 119A (13 June 2002)

The defendant is granted leave to withdraw its summons on terms that it pays the plaintiff's costs on an indemnity basis up to 18th April 2002, 50% of costs thereafter on the same basis, and all other costs in the cause. The court declined to order personal costs against Advocate Begg due to his late clarification...

Source-derived case information.

Citation
[2002] JRC 119A
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
13 June 2002
Procedural Posture
Interlocutory Application / Application to Withdraw Summons and for Costs
Outcome
Application to withdraw summons granted with costs orders as specified.
Legal Topics
Withdrawal of Summons, Costs Orders, Indemnity Costs, Personal Costs Against Advocate
Civil Procedure Withdrawal of Summons Costs Orders Indemnity Costs Personal Costs Against Advocate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Interlocutory Application / Application to Withdraw Summons and for Costs

Legal Issues

  1. 1 Whether the defendant should be granted leave to withdraw its summons under Rule 6/24 of the Royal Court Rules 1992
  2. 2 Whether costs should be awarded on an indemnity basis
  3. 3 Whether costs should be ordered personally against the defendant's advocate

Ratio Decidendi

The defendant is granted leave to withdraw its summons on terms that it pays the plaintiff's costs on an indemnity basis up to 18th April 2002, 50% of costs thereafter on the same basis, and all other costs in the cause. The court declined to order personal costs against Advocate Begg due to his late clarification that he acted on instructions.

Court Disposition

Application to withdraw summons granted with costs orders as specified.

Orders

  • Defendant granted leave to withdraw its summons dated 10th January 2002 under Rule 6/24 of the Royal Court Rules 1992.
  • Defendant to pay plaintiff's costs on an indemnity basis up to 18th April 2002.