Leeds -v- Admatch [2011] JRC 217A (07 November 2011)

Leeds -v- Admatch [2011] JRC 217A (07 November 2011)

Mr Weston is ordered to pay costs personally as the application was resisted solely for his and his companies' interests, not for the defendant company. However, the conduct did not justify indemnity costs; standard costs are appropriate.

Citation
[2011] JRC 217A
Parties
Applicant: Second Plaintiff; Respondent: Defendant; Non Party Respondent: Mr Weston
Jurisdiction
Jersey
Judgment Date
07 November 2011
Procedural Posture
Costs Application / Post Judgment
Outcome
Application granted in part
Legal Topics
Non Party Costs Orders, Indemnity Costs, Director Liability, Post Judgment Disclosure

Case Brief

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Parties

Second Plaintiff

Applicant

Defendant

Respondent

Mr Weston

Non Party Respondent

Procedural Posture

Costs Application / Post Judgment

  1. 1 Should Mr Weston be ordered to pay costs personally as a non-party?
  2. 2 Should costs be awarded on the indemnity basis rather than the standard basis?

Ratio Decidendi

Mr Weston is ordered to pay costs personally as the application was resisted solely for his and his companies' interests, not for the defendant company. However, the conduct did not justify indemnity costs; standard costs are appropriate.

Court Disposition

Application granted in part

Orders

  • Standard costs to be paid jointly and severally by the defendant and Mr Weston
  • Leave to appeal granted