Viberts -v- Powell [2016] JRC 205 (10 November 2016)

Viberts -v- Powell [2016] JRC 205 (10 November 2016)

Given Mrs Powell's current financial position, with assets exceeding liabilities by a substantial margin even after payment of the costs order, there is no justification for treating Viberts differently from other creditors. Leave to enforce the costs order is granted so Viberts may recover the amount owed.

Citation
[2016] JRC 205
Parties
Plaintiff: Viberts; Defendant: Mrs Powell
Jurisdiction
Jersey
Judgment Date
10 November 2016
Procedural Posture
Application for Leave to Enforce Costs Order / Post Judgment Enforcement Application
Outcome
Leave to enforce costs order granted
Legal Topics
Enforcement of Costs Orders, Football Pools Order, Remise De Biens, Secured and Unsecured Creditors, Interest on Judgment Debts
Civil Procedure Bankruptcy and Insolvency Costs Enforcement of Costs Orders Football Pools Order Remise De Biens Secured and Unsecured Creditors Interest on Judgment Debts

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Parties

Viberts

Plaintiff

Mrs Powell

Defendant

Procedural Posture

Application for Leave to Enforce Costs Order / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether leave should be granted to Viberts to enforce the costs order against Mrs Powell
  2. 2 Whether Mrs Powell's financial position justifies enforcement of the costs order
  3. 3 Whether delay or other circumstances prejudice Mrs Powell

Ratio Decidendi

Given Mrs Powell's current financial position, with assets exceeding liabilities by a substantial margin even after payment of the costs order, there is no justification for treating Viberts differently from other creditors. Leave to enforce the costs order is granted so Viberts may recover the amount owed.

Court Disposition

Leave to enforce costs order granted

Orders

  • Leave granted to Viberts to enforce the costs order against Mrs Powell