Kiam II v MGN Ltd.(2) [2002] EWCA Civ 66 (6th February, 2002)

Kiam II v MGN Ltd.(2) [2002] EWCA Civ 66 (6th February, 2002)

Refusal of a reasonable settlement offer does not, without more, justify an order for indemnity costs under Rule 44; such an order requires conduct that is unreasonable to a high degree, which was not present in this case.

Citation
[2002] EWCA Civ 66
Parties
Claimant/respondent: Victor Kermit Kiam II; Defendant/appellant: MGN Limited
Jurisdiction
England and Wales
Procedural Posture
Appeal (civil) / Post Judgment Application for Indemnity Costs Following Dismissal of Appeal
Outcome
Application for indemnity costs refused; costs awarded on the standard basis.
Legal Topics
Costs, Indemnity Costs, Settlement Offers, Defamation Damages
Civil Procedure Media Law Costs Indemnity Costs Settlement Offers Defamation Damages

Case Brief

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Parties

Victor Kermit Kiam II

Claimant/respondent

MGN Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Post Judgment Application for Indemnity Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to indemnity costs on appeal after the appellant refused a settlement offer and lost the appeal

Ratio Decidendi

Refusal of a reasonable settlement offer does not, without more, justify an order for indemnity costs under Rule 44; such an order requires conduct that is unreasonable to a high degree, which was not present in this case.

Court Disposition

Application for indemnity costs refused; costs awarded on the standard basis.

Orders

  • Appeal dismissed.
  • Respondent awarded costs of the appeal on the standard basis, to be taxed if not agreed.