Citation Plc v Ellis Whittam Ltd

Citation Plc v Ellis Whittam Ltd

The claimant's action was struck out as an abuse of process because it had already achieved all it could of value in vindicating its reputation before issuing the claim. In the absence of a finding or admission of liability or an undertaking in the terms sought by the claimant, the court cannot make an order for...

Source-derived case information.

Parties
Claimant: Citation Plc; Defendant: Ellis Whittam Ltd
Jurisdiction
England and Wales
Judgment Date
28 March 2012
Procedural Posture
Civil / Post Judgment (costs Order After Action Struck Out)
Outcome
Claimant to pay defendant's costs from service of claim form onward; no order as to pre-action protocol costs.
Legal Topics
Costs, Abuse of Process, Pre Action Protocol, Slander, Malicious Falsehood
Civil Procedure Defamation Costs Abuse of Process Pre Action Protocol Slander Malicious Falsehood

Source-derived case record

Summary, issues, holding and outcome

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Parties

Citation Plc

Claimant

Ellis Whittam Ltd

Defendant

Procedural Posture

Civil / Post Judgment (costs Order After Action Struck Out)

Legal Issues

  1. 1 Whether the claimant or defendant should bear the costs after the action was struck out as an abuse of process
  2. 2 Whether pre-action protocol costs are recoverable
  3. 3 Whether the claimant's conduct in not pursuing damages affects the costs order

Ratio Decidendi

The claimant's action was struck out as an abuse of process because it had already achieved all it could of value in vindicating its reputation before issuing the claim. In the absence of a finding or admission of liability or an undertaking in the terms sought by the claimant, the court cannot make an order for costs against the defendant for the pre-action period. The claimant is ordered to pay the defendant's costs from the service of the claim form onward, excluding pre-action protocol correspondence costs.

Court Disposition

Claimant to pay defendant's costs from service of claim form onward; no order as to pre-action protocol costs.

Orders

  • Claimant to pay defendant's costs of and incidental to the action from service of the claim form (28 October 2011) onward.
  • Costs include the argument as to costs on 12 March.