Kearns v Kemp & Anor [2013] EWHC 4093 (QB) (05 December 2013)

Kearns v Kemp & Anor [2013] EWHC 4093 (QB) (05 December 2013)

The claimant's conduct became unreasonable after 10 May 2013, justifying indemnity costs for the first defendant's costs incurred after that date; prior costs and all second defendant's costs are to be assessed on the standard basis. Payments on account are ordered to prevent the receiving parties from being kept out of their money.

Citation
[2013] EWHC 4093
Parties
Claimant: Kirby Kearns; First Defendant: Lesley Kemp; Second Defendant: Twitter Inc
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Civil (libel) / Post Discontinuance Costs Determination
Outcome
Costs order following discontinuance; partial indemnity costs for first defendant; standard basis for other costs; payments on account ordered.
Legal Topics
Libel, Costs, Security for Costs, Indemnity Costs, Standard Basis Costs, Discontinuance, Jurisdiction
Defamation Civil Procedure Libel Costs Security for Costs Indemnity Costs Standard Basis Costs Discontinuance +1 more

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Parties

Kirby Kearns

Claimant

Lesley Kemp

First Defendant

Twitter Inc

Second Defendant

Procedural Posture

Civil (libel) / Post Discontinuance Costs Determination

Legal Issues

  1. 1 Whether costs should be assessed on the standard or indemnity basis for the first defendant
  2. 2 Appropriate payment on account of costs to the first and second defendants
  3. 3 Assessment of conduct justifying indemnity costs

Ratio Decidendi

The claimant's conduct became unreasonable after 10 May 2013, justifying indemnity costs for the first defendant's costs incurred after that date; prior costs and all second defendant's costs are to be assessed on the standard basis. Payments on account are ordered to prevent the receiving parties from being kept out of their money.

Court Disposition

Costs order following discontinuance; partial indemnity costs for first defendant; standard basis for other costs; payments on account ordered.

Orders

  • Claimant to pay first defendant's costs (standard basis up to 10 May 2013, indemnity basis thereafter, including appeal and security for costs application), subject to detailed assessment if not agreed.
  • Claimant to pay second defendant's costs on the standard basis, subject to detailed assessment if not agreed.