Trigwell -v- Clapp [2016] JRC 197 (31 October 2016)

Trigwell -v- Clapp [2016] JRC 197 (31 October 2016)

Exceptional circumstances justified ordering security for costs against the applicant, a UK-resident individual, due to unexplained dissipation of funds, lack of candour regarding assets, troubling conduct in obtaining and enforcing a set-aside judgment, and concerns about the bona fides of the claim. The general...

Source-derived case information.

Citation
[2016] JRC 197
Parties
Applicant: [Redacted] (the representor); Respondent: Gerald Norman Clapp (the respondent)
Jurisdiction
Jersey
Judgment Date
31 October 2016
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered against the applicant.
Legal Topics
Security for Costs, Company Ownership Dispute, Discovery Obligations, Enforcement of Foreign Judgments
Civil Procedure Security for Costs Company Ownership Dispute Discovery Obligations Enforcement of Foreign Judgments

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

[Redacted] (the representor)

Applicant

Gerald Norman Clapp (the respondent)

Respondent

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against a UK-resident individual plaintiff in Jersey proceedings
  2. 2 Whether the respondent's affidavits should be struck out for non-compliance with discovery orders or due to respondent's mental capacity
  3. 3 Whether the applicant's conduct justifies an order for security for costs

Ratio Decidendi

Exceptional circumstances justified ordering security for costs against the applicant, a UK-resident individual, due to unexplained dissipation of funds, lack of candour regarding assets, troubling conduct in obtaining and enforcing a set-aside judgment, and concerns about the bona fides of the claim. The general rule against ordering security for costs against UK-resident individuals was displaced on these facts.

Court Disposition

Security for costs ordered against the applicant.

Orders

  • Applicant to provide security for costs in the sum of £12,500 to the Judicial Greffier by 3 November 2016.
  • If security is not provided, applicant must file an affidavit explaining the dissipation of £165,000 and confirming financial position, supported by evidence.