Z v Hawksford Trust Company Jersey Limited and Ors [2024] JRC 001 (03 January 2024)

Z v Hawksford Trust Company Jersey Limited and Ors [2024] JRC 001 (03 January 2024)

The Hawksford Defendants, as innocent parties, are entitled to reasonable costs on the indemnity basis for compliance with Norwich Pharmacal orders, including legal and internal administrative costs, subject to taxation. Payment on account is appropriate where entitlement is undisputed, calculated on a rough and ready basis. Internal costs must be actual and direct, excluding overheads and profit. The Plaintiff is ordered to pay £501,964.68 on account, with further costs to be taxed if not agreed.

Citation
[2024] JRC 001
Parties
Plaintiff: Z; Defendants: Hawksford Defendants (First to Fifth Defendants)
Jurisdiction
Jersey
Judgment Date
03 January 2024
Procedural Posture
Norwich Pharmacal Application / Application for Payment on Account of Costs and Order for Costs
Outcome
Plaintiff ordered to pay £501,964.68 on account of costs; legal costs of Summons to be paid on standard basis and taxed if not agreed; taxation referred to Assistant Judicial Greffier.
Legal Topics
Norwich Pharmacal Orders, Costs on Indemnity Basis, Taxation of Costs, Payment on Account, Disclosure Orders
Civil Procedure Trusts and Wealth Management Norwich Pharmacal Orders Costs on Indemnity Basis Taxation of Costs Payment on Account Disclosure Orders

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Parties

Z

Plaintiff

Hawksford Defendants (First to Fifth Defendants)

Defendants

Procedural Posture

Norwich Pharmacal Application / Application for Payment on Account of Costs and Order for Costs

Legal Issues

  1. 1 Entitlement of innocent parties to reasonable costs under Norwich Pharmacal orders
  2. 2 Appropriate quantum and basis for payment on account of costs
  3. 3 Recovery of internal administrative costs

Ratio Decidendi

The Hawksford Defendants, as innocent parties, are entitled to reasonable costs on the indemnity basis for compliance with Norwich Pharmacal orders, including legal and internal administrative costs, subject to taxation. Payment on account is appropriate where entitlement is undisputed, calculated on a rough and ready basis. Internal costs must be actual and direct, excluding overheads and profit. The Plaintiff is ordered to pay £501,964.68 on account, with further costs to be taxed if not agreed.

Court Disposition

Plaintiff ordered to pay £501,964.68 on account of costs; legal costs of Summons to be paid on standard basis and taxed if not agreed; taxation referred to Assistant Judicial Greffier.

Orders

  • Plaintiff to pay £501,964.68 on account within 28 days.
  • Legal costs of Summons to be paid by Plaintiff on standard basis, taxed if not agreed.