Wilkins and anor v Headrick and anor [2003] JRC 060 (31 March 2003)

Wilkins and anor v Headrick and anor [2003] JRC 060 (31 March 2003)

There were no unusual or special features justifying indemnity costs against the Plaintiffs; standard costs are appropriate. Indemnity costs for the Third and Fourth Defendants are to be paid out of the Trust Fund, but Plaintiffs are not required to reimburse the Trust Fund.

Citation
[2003] JRC 060
Parties
Plaintiff: Plaintiffs; Defendant: First and Second Defendants; Defendant: Third and Fourth Defendants
Jurisdiction
Jersey
Judgment Date
31 March 2003
Procedural Posture
Costs Application Following Strike Out for Want of Prosecution / Post Judgment, Costs Determination
Outcome
Plaintiffs to pay First and Second Defendants' costs on the standard basis; Third and Fourth Defendants' costs to be paid on an indemnity basis out of the Trust Fund; no order for Plaintiffs to reimburse the Trust Fund.
Legal Topics
Costs, Indemnity Costs, Abuse of Process, Liquidation, Trust Fund
Civil Procedure Trusts and Estates Costs Indemnity Costs Abuse of Process Liquidation Trust Fund

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Parties

Plaintiffs

Plaintiff

First and Second Defendants

Defendant

Third and Fourth Defendants

Defendant

Procedural Posture

Costs Application Following Strike Out for Want of Prosecution / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis against the Plaintiffs for the First and Second Defendants
  2. 2 Whether costs of the Third and Fourth Defendants should be paid on an indemnity basis out of the Trust Fund and whether Plaintiffs should reimburse the Trust Fund

Ratio Decidendi

There were no unusual or special features justifying indemnity costs against the Plaintiffs; standard costs are appropriate. Indemnity costs for the Third and Fourth Defendants are to be paid out of the Trust Fund, but Plaintiffs are not required to reimburse the Trust Fund.

Court Disposition

Plaintiffs to pay First and Second Defendants' costs on the standard basis; Third and Fourth Defendants' costs to be paid on an indemnity basis out of the Trust Fund; no order for Plaintiffs to reimburse the Trust Fund.

Orders

  • Plaintiffs to pay First and Second Defendants' costs on the standard basis.
  • Third and Fourth Defendants' costs to be paid on an indemnity basis out of the Trust Fund.