Ali & Anor v Channel 5 Broadcast Ltd

Claimants are entitled to their costs up to 8 November 2017 as they did not refuse ADR and Channel 5 only proposed mediation late; after 8 November 2017, Claimants failed to beat Channel 5’s improved Part 36 offer and must pay Channel 5’s costs, but Channel 5 is restricted to 50% of its assessed costs due to failure to file a costs budget.

Parties: Claimant: Shakir Ali; Claimant: Shahida Aslam; Defendant: Channel 5 Broadcast Limited
Jurisdiction: England and Wales
Judgment Date: 19 April 2018
Procedural Posture: Civil / Post Judgment Costs Ruling
Outcome: Costs partially awarded to both parties, subject to set-off and restriction.
Legal Topics: Misuse of Private Information, Costs, Alternative Dispute Resolution, Part 36 Offers, Conditional Fee Agreements

Civil Procedure Media Law Privacy Law Misuse of Private Information Costs Alternative Dispute Resolution Part 36 Offers Conditional Fee Agreements

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 1

Parties

Shakir Ali

Claimant

Shahida Aslam

Claimant

Channel 5 Broadcast Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

1 Entitlement to costs following judgment for misuse of private information
2 Effect of refusal to engage in ADR on costs
3 Validity and consequences of Part 36 offers

Ratio Decidendi

Court Disposition

Costs partially awarded to both parties, subject to set-off and restriction.

Orders

Channel 5 to pay Claimants’ costs up to 8 November 2017, subject to detailed assessment on the standard basis if not agreed.
Claimants to pay Channel 5’s costs after 8 November 2017, set off against Channel 5’s liability for costs up to 8 November 2017.