MacFirbhsigh and Ching -v- CI Trustees and Others [2016] JRC 002A (06 January 2016)

MacFirbhsigh and Ching -v- CI Trustees and Others [2016] JRC 002A (06 January 2016)

Plaintiffs' conduct, including advancing baseless allegations of dishonesty, badly drafted pleadings, grossly exaggerated and hopeless claims, failure to properly assess claims, and submission of unnecessary evidence, was so unreasonable as to justify an order for indemnity costs.

Citation
[2016] JRC 002A
Parties
Plaintiff: Plaintiffs; Defendant: CITE; Defendant: Mr Gidley; Defendant: Mr Killmister; Defendant: Mr Manning
Jurisdiction
Jersey
Judgment Date
06 January 2016
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Plaintiffs' claims dismissed; indemnity costs awarded against Plaintiffs jointly and severally.
Legal Topics
Costs, Indemnity Costs, Pleadings, Abuse of Process
Civil Procedure Costs Indemnity Costs Pleadings Abuse of Process

Case Brief

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Parties

Plaintiffs

Plaintiff

CITE

Defendant

Mr Gidley

Defendant

Mr Killmister

Defendant

Mr Manning

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the Plaintiffs
  2. 2 Whether Plaintiffs' conduct was unreasonable or abusive of process

Ratio Decidendi

Plaintiffs' conduct, including advancing baseless allegations of dishonesty, badly drafted pleadings, grossly exaggerated and hopeless claims, failure to properly assess claims, and submission of unnecessary evidence, was so unreasonable as to justify an order for indemnity costs.

Court Disposition

Plaintiffs' claims dismissed; indemnity costs awarded against Plaintiffs jointly and severally.

Orders

  • Plaintiffs, jointly and severally, to pay the costs of CITE, Mr Gidley, and Mr Killmister on the indemnity basis, to be taxed if not agreed.
  • Costs order includes costs of the hearing on 17th November, 2015.