Republic of Brazil -v- Durant [2012] JRC 157 (28 August 2012)

Republic of Brazil -v- Durant [2012] JRC 157 (28 August 2012)

The plaintiffs' application for indemnity costs is justified under the principles established by the Court of Appeal, as the defendants' conduct in seeking to re-amend their answer warranted such an order.

Citation
[2012] JRC 157
Parties
Plaintiff: Plaintiffs; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
28 August 2012
Procedural Posture
Costs Application / Post Trial, Following Refusal of Leave to Re Amend Answer
Outcome
Defendants to pay plaintiffs' costs on the indemnity basis.
Legal Topics
Costs, Indemnity Costs, Application to Amend Pleadings
Civil Procedure Costs Indemnity Costs Application to Amend Pleadings

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

Procedural Posture

Costs Application / Post Trial, Following Refusal of Leave to Re Amend Answer

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the defendants following refusal of their application for leave to re-amend their answer

Ratio Decidendi

The plaintiffs' application for indemnity costs is justified under the principles established by the Court of Appeal, as the defendants' conduct in seeking to re-amend their answer warranted such an order.

Court Disposition

Defendants to pay plaintiffs' costs on the indemnity basis.

Orders

  • Defendants to pay plaintiffs' costs of and incidental to the determination of the defendants' summons and this present application, on the indemnity basis.