Coutts v Frith [2003] JRC 176 (13 October 2003)

Coutts v Frith [2003] JRC 176 (13 October 2003)

The Plaintiffs, having brought and maintained an unarguable tort claim for nearly four years despite being put on notice of prescription, and having consented to the joinder of Clintons as Third Party, are fairly and reasonably to bear the Defendants' costs in relation to the Third Party proceedings, including costs payable to Clintons. The Defendants acted reasonably in joining Clintons, and the Plaintiffs' conduct is the primary cause of the costs incurred.

Citation
[2003] JRC 176
Parties
Appellant: Plaintiffs (Trustees of two settlements); Respondent: Ernst & Young; Third Party: Clintons (Third Party)
Jurisdiction
Jersey
Judgment Date
13 October 2003
Procedural Posture
Civil Appeal / Appeal From Master's Order on Costs
Outcome
appeal dismissed
Legal Topics
Costs of Third Party Proceedings, Prescription (limitation), Striking Out Claims, Discretion in Costs Orders
Civil Procedure Costs Tort Contract Costs of Third Party Proceedings Prescription (limitation) Striking Out Claims Discretion in Costs Orders

Case Brief

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Parties

Plaintiffs (Trustees of two settlements)

Appellant

Ernst & Young

Respondent

Clintons (Third Party)

Third Party

Procedural Posture

Civil Appeal / Appeal From Master's Order on Costs

Legal Issues

  1. 1 Whether the Plaintiffs should pay the Defendants' costs in relation to the Third Party proceedings, including costs payable to Clintons
  2. 2 Whether the Defendants acted reasonably in joining Clintons as Third Party
  3. 3 Whether costs should be on a standard or indemnity basis

Ratio Decidendi

The Plaintiffs, having brought and maintained an unarguable tort claim for nearly four years despite being put on notice of prescription, and having consented to the joinder of Clintons as Third Party, are fairly and reasonably to bear the Defendants' costs in relation to the Third Party proceedings, including costs payable to Clintons. The Defendants acted reasonably in joining Clintons, and the Plaintiffs' conduct is the primary cause of the costs incurred.

Court Disposition

appeal dismissed

Orders

  • Plaintiffs to pay Defendants' costs in relation to the Third Party proceedings, including costs payable to Clintons, on a standard basis