Simpson v MGN Ltd & Anor [2015] EWHC 126 (QB) (27 January 2015)

Simpson v MGN Ltd & Anor [2015] EWHC 126 (QB) (27 January 2015)

Good reason existed to depart from approved budget due to procedural circumstances and conduct of both parties; claimant entitled to recover costs but subject to deductions for procedural failures and unnecessary costs incurred by defendant.

Citation
[2015] EWHC 126
Parties
Claimant: Daniel Peter Simpson; Defendant/part 20 Claimant: MGN Limited; Part 20 Defendant: Stephanie Ward
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Defamation / Post Preliminary Issue Hearing; Costs Determination
Outcome
Claimant awarded costs subject to deductions.
Legal Topics
Costs Management, Summary Assessment of Costs, Practice Direction Compliance, Defamatory Meaning, Strike Out Application
Civil Procedure Defamation Costs Management Summary Assessment of Costs Practice Direction Compliance Defamatory Meaning Strike Out Application

Case Brief

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Parties

Daniel Peter Simpson

Claimant

MGN Limited

Defendant/part 20 Claimant

Stephanie Ward

Part 20 Defendant

Procedural Posture

Defamation / Post Preliminary Issue Hearing; Costs Determination

Legal Issues

  1. 1 Whether claimant is entitled to recover costs for applications not included in approved costs budget
  2. 2 Effect of failure to serve costs schedule on entitlement to costs
  3. 3 Assessment of reasonable costs for applications

Ratio Decidendi

Good reason existed to depart from approved budget due to procedural circumstances and conduct of both parties; claimant entitled to recover costs but subject to deductions for procedural failures and unnecessary costs incurred by defendant.

Court Disposition

Claimant awarded costs subject to deductions.

Orders

  • Claimant to recover £10,500 inclusive of VAT for all applications.