Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor

Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor

The claimant's conduct in persisting with litigation after qualified privilege was upheld, unreasonable reliance on a plea of malice, and refusal to accept reasonable settlement proposals justified awarding costs on the indemnity basis throughout. The alleged settlement offer was not open for indefinite acceptance and could not be accepted after costs had increased.

Parties
Claimant: Jeffrey Wakefield; First Defendant: Ian Roger Ford; Second Defendant: Caporn Campbell (A Firm)
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Civil / Costs Ruling Following Anticipated Discontinuance
Outcome
Costs awarded on indemnity basis throughout; claimant to pay costs.
Legal Topics
Qualified Privilege, Malice, Justification, Indemnity Costs, Settlement Offers
Defamation Civil Procedure Qualified Privilege Malice Justification Indemnity Costs Settlement Offers

Case Brief

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Parties

Jeffrey Wakefield

Claimant

Ian Roger Ford

First Defendant

Caporn Campbell (A Firm)

Second Defendant

Procedural Posture

Civil / Costs Ruling Following Anticipated Discontinuance

Legal Issues

  1. 1 Whether the occasion of publication was protected by qualified privilege
  2. 2 Whether malice could be established to defeat qualified privilege
  3. 3 Whether the claimant could accept an alleged outstanding settlement offer

Ratio Decidendi

The claimant's conduct in persisting with litigation after qualified privilege was upheld, unreasonable reliance on a plea of malice, and refusal to accept reasonable settlement proposals justified awarding costs on the indemnity basis throughout. The alleged settlement offer was not open for indefinite acceptance and could not be accepted after costs had increased.

Court Disposition

Costs awarded on indemnity basis throughout; claimant to pay costs.

Orders

  • Claimant to pay defendants' costs on the indemnity basis throughout.
  • Claimant to pay £45,000 on account of costs by 13 March 2009.