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

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

Claimant's conduct became unreasonable after 10 May 2013, justifying indemnity costs for first defendant's costs incurred thereafter; costs before that date and for second defendant to be assessed on standard basis. Payments on account ordered to prevent delay in receiving costs.

Citation
[2013] EWHC 4093 (QB)
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) / Costs Determination Following Discontinuance
Outcome
Claimant to pay first defendant's costs (standard basis up to 10 May 2013, indemnity basis thereafter), and second defendant's costs (standard basis). Payments on account ordered.
Legal Topics
Libel, Costs Assessment, Security for Costs, Jurisdiction, Discontinuance
Defamation Civil Procedure Libel Costs Assessment Security for Costs Jurisdiction Discontinuance

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Parties

Kirby Kearns

Claimant

Lesley Kemp

First Defendant

Twitter Inc

Second Defendant

Procedural Posture

Civil (libel) / Costs Determination Following Discontinuance

Legal Issues

  1. 1 Basis for assessment of costs (standard vs indemnity)
  2. 2 Payment on account of costs
  3. 3 Conduct of parties relevant to costs

Ratio Decidendi

Claimant's conduct became unreasonable after 10 May 2013, justifying indemnity costs for first defendant's costs incurred thereafter; costs before that date and for second defendant to be assessed on standard basis. Payments on account ordered to prevent delay in receiving costs.

Court Disposition

Claimant to pay first defendant's costs (standard basis up to 10 May 2013, indemnity basis thereafter), and second defendant's costs (standard basis). Payments on account ordered.

Orders

  • Claimant to pay first defendant £82,380 on account of costs within 14 days.
  • Claimant to pay second defendant £18,000 on account of costs within 14 days.