Optical Express Ltd & Ors v Associated Newspapers Ltd

Optical Express Ltd & Ors v Associated Newspapers Ltd

It would be unjust to make the normal costs orders due to claimants' unreasonable delay in providing information on special damages; costs entitlement should pivot from an earlier date, with claimants recovering costs up to 11 January 2016 and for preparation of Further Information, defendant recovering costs...

Source-derived case information.

Parties
Claimant: Optical Express Limited; Claimant: Optical Express (Gyle) Limited; Claimant: The Frame Zone Limited; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Civil / Post Settlement Costs Determination
Outcome
Costs orders modified; claimants recover costs up to 11 January 2016 and for Further Information, defendant recovers costs from 12 January 2016 (standard basis until 17 June 2016, indemnity basis thereafter); costs set off against each other; no set-off of costs against damages.
Legal Topics
Costs, Part 36 Offers, Malicious Falsehood, Libel, Settlement, Indemnity Costs
Defamation Civil Procedure Costs Part 36 Offers Malicious Falsehood Libel Settlement Indemnity Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Optical Express Limited

Claimant

Optical Express (Gyle) Limited

Claimant

The Frame Zone Limited

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Post Settlement Costs Determination

Legal Issues

  1. 1 Should the court depart from the default costs orders following late acceptance of a Part 36 offer?
  2. 2 Should the defendant be awarded indemnity costs for the post-offer period?
  3. 3 Should costs be set off against damages?

Ratio Decidendi

It would be unjust to make the normal costs orders due to claimants' unreasonable delay in providing information on special damages; costs entitlement should pivot from an earlier date, with claimants recovering costs up to 11 January 2016 and for preparation of Further Information, defendant recovering costs thereafter, and indemnity costs from 17 June 2016.

Court Disposition

Costs orders modified; claimants recover costs up to 11 January 2016 and for Further Information, defendant recovers costs from 12 January 2016 (standard basis until 17 June 2016, indemnity basis thereafter); costs set off against each other; no set-off of costs against damages.

Orders

  • Claimants recover costs up to 11 January 2016 and costs of Further Information of 8 May 2016 on standard basis.
  • Defendant recovers costs from 12 January 2016, standard basis until 17 June 2016, indemnity basis thereafter.