Phillipps v Associated Newspapers Ltd.

Phillipps v Associated Newspapers Ltd.

There has been no significant change of practice following the implementation of the CPR; the costs of any formal application for permission to make a unilateral statement in open court, and those of making the statement itself, will generally fall to be paid by the defendant as an integral part of the costs of the...

Source-derived case information.

Parties
Claimant: Karen Phillipps; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
10 February 2004
Procedural Posture
Civil Defamation (libel) / Application for Permission to Make a Unilateral Statement in Open Court and Determination of Costs
Outcome
Permission granted for the claimant to make a unilateral statement in open court; defendant ordered to pay costs of the application and statement.
Legal Topics
Statements in Open Court, Costs Following Part 36 Offer, Practice Direction to CPR Part 53
Defamation Civil Procedure Statements in Open Court Costs Following Part 36 Offer Practice Direction to CPR Part 53

Source-derived case record

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Parties

Karen Phillipps

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Civil Defamation (libel) / Application for Permission to Make a Unilateral Statement in Open Court and Determination of Costs

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 acceptance of a Part 36 offer

Ratio Decidendi

There has been no significant change of practice following the implementation of the CPR; the costs of any formal application for permission to make a unilateral statement in open court, and those of making the statement itself, will generally fall to be paid by the defendant as an integral part of the costs of the action.

Court Disposition

Permission granted for the claimant to make a unilateral statement in open court; defendant ordered to pay costs of the application and statement.

Orders

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