Cotrel -v- Christmas [2013] JRC 101 (24 May 2013)

Cotrel -v- Christmas [2013] JRC 101 (24 May 2013)

The plaintiff withdrew the proceedings and failed to make full and frank disclosure regarding the Benessia shares when seeking interim injunctions. The first defendant did not bring the proceedings upon himself. Costs should follow the event, and the first defendant is entitled to costs on the standard basis.

Citation
[2013] JRC 101
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
24 May 2013
Procedural Posture
Civil / Costs Determination Following Withdrawal of Proceedings and Lifting of Interim Injunctions
Outcome
Costs awarded to the first defendant on the standard basis.
Legal Topics
Costs, Interim Injunctions, Duty of Disclosure, Compensation Orders, Withdrawal of Proceedings
Civil Procedure Fraud Contract Costs Interim Injunctions Duty of Disclosure Compensation Orders Withdrawal of Proceedings

Case Brief

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Costs Determination Following Withdrawal of Proceedings and Lifting of Interim Injunctions

Legal Issues

  1. 1 Whether costs should be awarded to the first defendant following withdrawal of proceedings and lifting of interim injunctions
  2. 2 Whether the plaintiff fulfilled her duty of full and frank disclosure when seeking interim injunctions
  3. 3 Whether the first defendant brought the proceedings upon himself by refusing to give an undertaking

Ratio Decidendi

The plaintiff withdrew the proceedings and failed to make full and frank disclosure regarding the Benessia shares when seeking interim injunctions. The first defendant did not bring the proceedings upon himself. Costs should follow the event, and the first defendant is entitled to costs on the standard basis.

Court Disposition

Costs awarded to the first defendant on the standard basis.

Orders

  • Plaintiff to pay first defendant's costs on the standard basis.