UCC -v- Bender [2007] JRC 037 (13 February 2007)

UCC -v- Bender [2007] JRC 037 (13 February 2007)

The court accepts the bona fide assessment of costs presented by Mr. Koonmen's advisers for legal expenses, given improved evidence and the scale of litigation, but limits allowances and security for costs to a defined period pending further review. The Receiver's applications are granted in part, with interim increases subject to further consideration after the pre-trial review.

Citation
[2007] JRC 037
Parties
Plaintiff: UCC; Second Defendant: Mr. Koonmen; Fifth Defendant: Dovetail; Sixth Defendant: Bluebird; Receiver: Receiver of the Gemstone A and B Trusts
Jurisdiction
Jersey
Judgment Date
13 February 2007
Procedural Posture
Cost Related Applications / Interlocutory Hearing
Outcome
Applications granted in part, with interim orders and further review scheduled.
Legal Topics
Security for Costs, Access to Injuncted Funds, Receiver's Fees, Litigation Cap
Civil Procedure Trusts and Equity Security for Costs Access to Injuncted Funds Receiver's Fees Litigation Cap

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Parties

UCC

Plaintiff

Mr. Koonmen

Second Defendant

Dovetail

Fifth Defendant

Bluebird

Sixth Defendant

Receiver of the Gemstone A and B Trusts

Receiver

Procedural Posture

Cost Related Applications / Interlocutory Hearing

Legal Issues

  1. 1 Increase in allowances from injuncted funds for legal and living expenses
  2. 2 Security for costs against UCC
  3. 3 Increase in litigation cap for Receiver

Ratio Decidendi

The court accepts the bona fide assessment of costs presented by Mr. Koonmen's advisers for legal expenses, given improved evidence and the scale of litigation, but limits allowances and security for costs to a defined period pending further review. The Receiver's applications are granted in part, with interim increases subject to further consideration after the pre-trial review.

Court Disposition

Applications granted in part, with interim orders and further review scheduled.

Orders

  • Mr. Koonmen allowed legal expenses from injuncted funds up to 30 April 2007 in amount of £575,000.
  • Mr. Koonmen's monthly allowance for living and travel expenses increased from £10,000 to £15,000 effective 1 January 2007.