Skinner v Myles [1990] JLR 98 (25 April 1990)

Skinner v Myles [1990] JLR 98 (25 April 1990)

Full indemnity costs may be awarded to a successful defendant where an action is dismissed for want of prosecution if the delay has caused the defendant substantially increased expenditure.

Citation
[1990] JLR 98
Parties
Plaintiff: Skinner; Defendant: Myles
Jurisdiction
Jersey
Judgment Date
25 April 1990
Procedural Posture
Civil / Costs Ruling After Dismissal for Want of Prosecution
Outcome
Action dismissed for want of prosecution; full indemnity costs awarded to defendant.
Legal Topics
Costs, Indemnity Costs, Dismissal for Want of Prosecution
Civil Procedure Costs Indemnity Costs Dismissal for Want of Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Skinner

Plaintiff

Myles

Defendant

Procedural Posture

Civil / Costs Ruling After Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether full indemnity costs may be awarded to a successful defendant when an action is dismissed for want of prosecution and the delay has caused the defendant substantially increased expenditure.

Ratio Decidendi

Full indemnity costs may be awarded to a successful defendant where an action is dismissed for want of prosecution if the delay has caused the defendant substantially increased expenditure.

Court Disposition

Action dismissed for want of prosecution; full indemnity costs awarded to defendant.

Orders

  • Plaintiff's action dismissed for want of prosecution.
  • Plaintiff to pay defendant's costs on a full indemnity basis.