Bespoke Investments Ltd -v- Lincoln Nominees and Ors [2005] JRC 098 (20 July 2005)

Bespoke Investments Ltd -v- Lincoln Nominees and Ors [2005] JRC 098 (20 July 2005)

Interest is awarded at the court rate from the date of breach to payment as compensation for the plaintiff being out of its money. Costs are awarded at 85% to the plaintiff, reflecting partial success and conduct, but refusal to mediate was not unreasonable in the circumstances.

Citation
[2005] JRC 098
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
20 July 2005
Procedural Posture
Civil / Post Judgment (interest and Costs Determination)
Outcome
Judgment for plaintiff with interest and partial costs.
Legal Topics
Interest on Judgment Debt, Costs, Mediation, Alternative Dispute Resolution
Civil Procedure Contract Law Interest on Judgment Debt Costs Mediation Alternative Dispute Resolution

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Post Judgment (interest and Costs Determination)

Legal Issues

  1. 1 Whether interest should be awarded on the judgment sum for the entire period since breach of contract
  2. 2 Whether costs should be reduced due to refusal to mediate and partial success only

Ratio Decidendi

Interest is awarded at the court rate from the date of breach to payment as compensation for the plaintiff being out of its money. Costs are awarded at 85% to the plaintiff, reflecting partial success and conduct, but refusal to mediate was not unreasonable in the circumstances.

Court Disposition

Judgment for plaintiff with interest and partial costs.

Orders

  • Defendants to pay interest on £102,018.77 at the court rate from 23rd February 2001 until date of payment.
  • Defendants to pay 85% of plaintiff's costs on the standard basis.