Phillipps v Associated Newspapers Ltd. [2004] EWHC 190 (QB) (10 February 2004)

Phillipps v Associated Newspapers Ltd. [2004] EWHC 190 (QB) (10 February 2004)

There has been no significant change in practice following the CPR; a defendant who makes a payment into court under Part 36 will generally be liable for the costs of any application for permission to make a unilateral statement in open court and the making of the statement itself, as these are integral to the costs of the action.

Citation
[2004] EWHC 190
Parties
Claimant: Karen Phillipps; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
10 February 2004
Procedural Posture
Libel Proceedings / Application for Permission to Make Unilateral Statement in Open Court and Determination of Costs Following Settlement
Outcome
Permission granted for the claimant to make a unilateral statement in open court; defendant ordered to pay the claimant's costs of the application and statement, subject to reduction for proportionality.
Legal Topics
Libel, Statements in Open Court, Costs, Part 36 Offers, Civil Procedure Rules (cpr)
Defamation Civil Procedure Libel Statements in Open Court Costs Part 36 Offers Civil Procedure Rules (cpr)

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Parties

Karen Phillipps

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Libel Proceedings / Application for Permission to Make Unilateral Statement in Open Court and Determination of Costs Following Settlement

Legal Issues

  1. 1 Whether the claimant is entitled to make a unilateral statement in open court after accepting a Part 36 offer in libel proceedings
  2. 2 Whether the defendant is liable for the costs of the application and statement after settlement

Ratio Decidendi

There has been no significant change in practice following the CPR; a defendant who makes a payment into court under Part 36 will generally be liable for the costs of any application for permission to make a unilateral statement in open court and the making of the statement itself, as these are integral to the costs of the action.

Court Disposition

Permission granted for the claimant to make a unilateral statement in open court; defendant ordered to pay the claimant's costs of the application and statement, subject to reduction for proportionality.

Orders

  • Permission granted for unilateral statement in open court
  • Defendant to pay claimant's costs of the application and statement, with some reduction for proportionality