Nautech -v- CSS Ltd and Others [2013] JRC 152 (31 July 2013)

Nautech -v- CSS Ltd and Others [2013] JRC 152 (31 July 2013)

The application for a springboard injunction was a separate and failed matter for special and immediate relief; costs should follow the event and be awarded on an indemnity basis due to the plaintiff's conduct in pursuing the application despite clear judicial indication against it.

Citation
[2013] JRC 152
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
31 July 2013
Procedural Posture
Injunction Application / Post Judgment Costs Determination
Outcome
Plaintiff ordered to pay defendants' costs of and incidental to the springboard injunction application on an indemnity basis.
Legal Topics
Costs, Springboard Injunctions, Interim Relief
Civil Procedure Costs Springboard Injunctions Interim Relief

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Injunction Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the plaintiff should pay the defendants' costs for the failed springboard injunction application
  2. 2 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The application for a springboard injunction was a separate and failed matter for special and immediate relief; costs should follow the event and be awarded on an indemnity basis due to the plaintiff's conduct in pursuing the application despite clear judicial indication against it.

Court Disposition

Plaintiff ordered to pay defendants' costs of and incidental to the springboard injunction application on an indemnity basis.

Orders

  • Plaintiff to pay defendants' costs of and incidental to the application for a springboard injunction on an indemnity basis.