White v Express Newspapers

Neither party was wholly successful; both benefited from the trial of a preliminary issue. The claimants exaggerated their claims, but achieved some success. The appropriate order is no order for costs in respect of the preliminary issue.

Parties: Claimant: James White; Claimant: John Callaghan; Defendant: Express Newspapers
Jurisdiction: England and Wales
Judgment Date: 25 March 2014
Procedural Posture: Libel Action / Post Judgment Costs Ruling
Outcome: No order for costs in respect of the preliminary issue; claimants to pay defendant's costs for the dispute over the form of the order after the open offer.
Legal Topics: Costs, Meaning of Defamatory Words, Exaggeration of Claims, Trial of Preliminary Issue

Defamation Civil Procedure Costs Meaning of Defamatory Words Exaggeration of Claims Trial of Preliminary Issue

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

James White

Claimant

John Callaghan

Claimant

Express Newspapers

Defendant

Procedural Posture

Libel Action / Post Judgment Costs Ruling

Legal Issues

1 Whether the claimants exaggerated the seriousness of the meaning attributed to the words complained of
2 Appropriate costs order following trial of preliminary issue on meaning

Ratio Decidendi

Court Disposition

No order for costs in respect of the preliminary issue; claimants to pay defendant's costs for the dispute over the form of the order after the open offer.

Orders

No order for costs in respect of the preliminary issue.
Claimants to pay defendant's costs for the dispute over the form of the order from the time of the open offer.