Campbell v Campbell & Ors [2018] JRC 038 (15 February 2018)

Campbell v Campbell & Ors [2018] JRC 038 (15 February 2018)

The Court confirmed Richard's beneficial entitlement to 50% of the relevant loans and interest, ordered specific payments by Longton and Robert, and determined costs orders based on the conduct of the parties, awarding indemnity costs only where conduct was outside the norm, and standard costs otherwise. Neutral parties were awarded trustee indemnity costs. The application for a stay pending appeal was dismissed as withdrawn.

Citation
[2018] JRC 038
Parties
Plaintiff: Richard Campbell; First Defendant: Robert Campbell; Second Defendant: Longton Holdings Limited; Parties Cited: Parties Cited
Jurisdiction
Jersey
Judgment Date
15 February 2018
Procedural Posture
Civil / Post Judgment Consequential Orders
Outcome
Orders granted in terms of the Draft Consent Order as modified by the Court; costs orders made as specified; application for stay dismissed as withdrawn.
Legal Topics
Constructive Trusts, Beneficial Ownership, Costs Orders, Indemnity Costs, Standard Costs, Stay of Proceedings, Disclosure Obligations
Trusts Civil Procedure Costs Constructive Trusts Beneficial Ownership Costs Orders Indemnity Costs Standard Costs +2 more

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Parties

Richard Campbell

Plaintiff

Robert Campbell

First Defendant

Longton Holdings Limited

Second Defendant

Parties Cited

Parties Cited

Procedural Posture

Civil / Post Judgment Consequential Orders

Legal Issues

  1. 1 Entitlement to beneficial ownership and repayment of loans and interest
  2. 2 Responsibility for payment of sums due under trust arrangements
  3. 3 Allocation and basis of costs orders (standard vs indemnity)

Ratio Decidendi

The Court confirmed Richard's beneficial entitlement to 50% of the relevant loans and interest, ordered specific payments by Longton and Robert, and determined costs orders based on the conduct of the parties, awarding indemnity costs only where conduct was outside the norm, and standard costs otherwise. Neutral parties were awarded trustee indemnity costs. The application for a stay pending appeal was dismissed as withdrawn.

Court Disposition

Orders granted in terms of the Draft Consent Order as modified by the Court; costs orders made as specified; application for stay dismissed as withdrawn.

Orders

  • Plaintiff declared beneficial owner of 50% of Longton 2007 Loan, Longton Interest, and Longton Interest Free Loan.
  • Second Defendant to amend records and confirm Plaintiff's beneficial interest within 7 days.