MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 130A (14 August 2017)

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 130A (14 August 2017)

Sinels failed to establish that the Costs Plaintiffs have no real prospect of succeeding on the causation issues; the chain of causation and liability for wasted costs in respect of the later claim should be determined at trial.

Citation
[2017] JRC 130A
Parties
First Costs Defendant: Sinels; Second Costs Defendant: Carey Olsen; Costs Plaintiff: CITE; Costs Plaintiff: Mr Killmister
Jurisdiction
Jersey
Judgment Date
14 August 2017
Procedural Posture
Application for Wasted Costs Order / Ruling on Strike Out and Reverse Summary Judgment Applications
Outcome
application dismissed
Legal Topics
Wasted Costs, Causation, Summary Judgment, Strike Out, Abuse of Process
Civil Procedure Costs Wasted Costs Causation Summary Judgment Strike Out Abuse of Process

Case Brief

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Parties

Sinels

First Costs Defendant

Carey Olsen

Second Costs Defendant

CITE

Costs Plaintiff

Mr Killmister

Costs Plaintiff

Procedural Posture

Application for Wasted Costs Order / Ruling on Strike Out and Reverse Summary Judgment Applications

Legal Issues

  1. 1 Whether Sinels can be liable for wasted costs incurred after their replacement by Carey Olsen
  2. 2 Whether causation exists between Sinels' conduct and later costs
  3. 3 Whether the claim against Sinels for later costs should be struck out or disposed of by summary judgment

Ratio Decidendi

Sinels failed to establish that the Costs Plaintiffs have no real prospect of succeeding on the causation issues; the chain of causation and liability for wasted costs in respect of the later claim should be determined at trial.

Court Disposition

application dismissed

Orders

  • Sinels' amended summons for strike out and reverse summary judgment is refused.
  • Issues as to costs of the amended summons are reserved.