Simpson v MGN Ltd & Anor

Simpson v MGN Ltd & Anor

There was good reason to depart from the approved budget and allow recovery of costs, given the claimant's prior budgeting, the defendant's late response, and the absence of a prescribed sanction for failure to submit a revised budget or serve a costs schedule. A proportionate sanction was imposed by reducing recoverable costs.

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
Civil / 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, Costs Budgets, Practice Direction Compliance
Civil Procedure Defamation Costs Management Summary Assessment of Costs Costs Budgets Practice Direction Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Peter Simpson

Claimant

MGN Limited

Defendant/part 20 Claimant

Stephanie Ward

Part 20 Defendant

Procedural Posture

Civil / Costs Determination Following Preliminary Issue Trial and Applications

Legal Issues

  1. 1 Whether the claimant is entitled to recover costs for the preliminary issue and applications given failure to submit revised costs budget for approval
  2. 2 Whether failure to serve costs schedule on defendant precludes costs recovery or warrants deduction

Ratio Decidendi

There was good reason to depart from the approved budget and allow recovery of costs, given the claimant's prior budgeting, the defendant's late response, and the absence of a prescribed sanction for failure to submit a revised budget or serve a costs schedule. A proportionate sanction was imposed by reducing recoverable costs.

Court Disposition

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

Orders

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