Full Colour Black Ltd (t/a Brandalised) v The Artist Known As "Banksy" & Anor [2026] EWHC 795 (KB) (01 April 2026)

Full Colour Black Ltd (t/a Brandalised) v The Artist Known As "Banksy" & Anor [2026] EWHC 795 (KB) (01 April 2026)

The Court found that FCB's conduct in pursuing the claim, including attempts to leverage Banksy's anonymity and to tie settlement of the libel claim to unrelated commercial arrangements, was out of the norm and justified an order for indemnity costs. The Court also found that Mr Gallagher, as the real party controlling and benefiting from the litigation, should be personally liable for the Defendants' costs as a non-party.

Citation
[2026] EWHC 795 (KB)
Parties
Claimant/first Respondent: Full Colour Black Limited (trading as Brandalised); First Defendant/applicant: The artist known as 'Banksy'; Second Defendant/applicant: Pest Control Office Limited; Second Respondent: Andrew Gallagher
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Libel Claim (defamation) / Post Discontinuance, Costs Applications
Outcome
Applications granted
Legal Topics
Libel, Costs (indemnity and Non Party), Abuse of Process, Anonymity Orders, Copyright, Trade Marks
Defamation Civil Procedure Intellectual Property Libel Costs (indemnity and Non Party) Abuse of Process Anonymity Orders Copyright +1 more

Case Brief

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Parties

Full Colour Black Limited (trading as Brandalised)

Claimant/first Respondent

The artist known as 'Banksy'

First Defendant/applicant

Pest Control Office Limited

Second Defendant/applicant

Andrew Gallagher

Second Respondent

Procedural Posture

Libel Claim (defamation) / Post Discontinuance, Costs Applications

Legal Issues

  1. 1 Whether the claimant's conduct justified indemnity costs
  2. 2 Whether a non-party costs order should be made against the director/shareholder
  3. 3 Whether the litigation was an abuse of process or used to exert illegitimate pressure

Ratio Decidendi

The Court found that FCB's conduct in pursuing the claim, including attempts to leverage Banksy's anonymity and to tie settlement of the libel claim to unrelated commercial arrangements, was out of the norm and justified an order for indemnity costs. The Court also found that Mr Gallagher, as the real party controlling and benefiting from the litigation, should be personally liable for the Defendants' costs as a non-party.

Court Disposition

Applications granted

Orders

  • FCB to pay the Defendants' costs on the indemnity basis up to the date of discontinuance.
  • Andrew Gallagher to be joined for costs purposes and to pay the Defendants' costs as a non-party.