Kiam v MGN Ltd [2002] EWHC 9018 (Costs) (6 February 2002)

Kiam v MGN Ltd [2002] EWHC 9018 (Costs) (6 February 2002)

Refusal of a settlement offer, without more, does not justify an order for indemnity costs; such orders are reserved for rare and exceptional cases.

Citation
[2002] EWHC 9018 (Costs)
Parties
Claimant: Claimant; Defendant: Defendants
Jurisdiction
England and Wales
Judgment Date
06 February 2002
Procedural Posture
Appeal / Post Trial, Costs Determination
Outcome
Appeal dismissed on merits; application for indemnity costs refused.
Legal Topics
Libel, Damages, Costs, Indemnity Costs, Settlement Offers
Defamation Civil Procedure Libel Damages Costs Indemnity Costs Settlement Offers

Case Brief

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Parties

Claimant

Claimant

Defendants

Defendant

Procedural Posture

Appeal / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to indemnity costs after defendants refused a settlement offer and lost the appeal

Ratio Decidendi

Refusal of a settlement offer, without more, does not justify an order for indemnity costs; such orders are reserved for rare and exceptional cases.

Court Disposition

Appeal dismissed on merits; application for indemnity costs refused.

Orders

  • Damages award of £105,000 affirmed.
  • Costs to be assessed on the standard basis, not indemnity basis.