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

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

There was good reason to depart from the approved budget due to procedural circumstances and defendant's late response. Claimant's failure to serve costs schedule warranted a deduction but not total disallowance. Costs assessed at 90% of reasonable standard basis, with further deduction for additional costs caused by claimant's failures.

Citation
[2015] EWHC 126 (QB)
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 / Costs Determination Following Preliminary Issue Trial and Applications
Outcome
Costs awarded to claimant, subject to deductions for procedural failures.
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 / Costs Determination Following Preliminary Issue Trial and Applications

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 costs recovery
  3. 3 Appropriate quantum of costs recoverable

Ratio Decidendi

There was good reason to depart from the approved budget due to procedural circumstances and defendant's late response. Claimant's failure to serve costs schedule warranted a deduction but not total disallowance. Costs assessed at 90% of reasonable standard basis, with further deduction for additional costs caused by claimant's failures.

Court Disposition

Costs awarded to claimant, subject to deductions for procedural failures.

Orders

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