Kearns v Kemp & Anor

Claimant's conduct became unreasonable after 10th May 2013, justifying indemnity costs for first defendant post that date; payments on account ordered based on reasonable estimates and basis of assessment.

Parties: Claimant: Kirby Kearns; First Defendant: Lesley Kemp; Second Defendant: Twitter Inc
Jurisdiction: England and Wales
Judgment Date: 05 December 2013
Procedural Posture: Civil / Post Discontinuance Costs Determination
Outcome: Claimant to pay first defendant's costs (standard basis up to 10th May 2013, indemnity basis thereafter), claimant to pay second defendant's costs (standard basis), payments on account ordered.
Legal Topics: Costs Assessment, Indemnity Costs, Standard Costs, Libel, Security for Costs, Payment on Account

Civil Procedure Defamation Costs Assessment Indemnity Costs Standard Costs Libel Security for Costs Payment on Account

Case Brief

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Kirby Kearns

Claimant

Lesley Kemp

First Defendant

Twitter Inc

Second Defendant

Procedural Posture

Civil / Post Discontinuance Costs Determination

Legal Issues

1 Should costs be assessed on the standard or indemnity basis for the first defendant?
2 What amount should be paid on account of costs to the first defendant?
3 What amount should be paid on account of costs to the second defendant?

Ratio Decidendi

Court Disposition

Claimant to pay first defendant's costs (standard basis up to 10th May 2013, indemnity basis thereafter), claimant to pay second defendant's costs (standard basis), payments on account ordered.

Orders

Claimant to pay first defendant's costs including appeal and security for costs application, subject to detailed assessment if not agreed.
Assessment on standard basis up to 10th May 2013, indemnity basis thereafter.