White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)

White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)

Given that both parties benefited from the trial of a preliminary issue and both achieved partial success, but the claimants exaggerated their claims, the appropriate order is no order for costs up to the defendant's open offer, after which the claimants must pay the defendant's costs for the dispute over the form of the order.

Citation
[2014] EWHC 814
Parties
Claimant: James White; Defendant: Express Newspapers
Jurisdiction
England and Wales
Judgment Date
25 March 2014
Procedural Posture
Libel Action / Post Judgment Costs Hearing
Outcome
No order as to costs up to the defendant's open offer; claimants to pay defendant's costs for the dispute over the form of the order after the open offer.
Legal Topics
Libel, Costs, Preliminary Issues, Meaning of Defamatory Words
Defamation Civil Procedure Libel Costs Preliminary Issues Meaning of Defamatory Words

Case Brief

Summary, issues, holding and outcome

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Parties

James White

Claimant

Express Newspapers

Defendant

Procedural Posture

Libel Action / Post Judgment Costs Hearing

Legal Issues

  1. 1 Whether the defendant is entitled to costs following the trial of a preliminary issue on meaning in a libel action
  2. 2 Whether the claimants exaggerated their claims as to the meaning of the words complained of
  3. 3 Appropriate costs order after a preliminary issue trial

Ratio Decidendi

Given that both parties benefited from the trial of a preliminary issue and both achieved partial success, but the claimants exaggerated their claims, the appropriate order is no order for costs up to the defendant's open offer, after which the claimants must pay the defendant's costs for the dispute over the form of the order.

Court Disposition

No order as to costs up to the defendant's open offer; claimants to pay defendant's costs for the dispute over the form of the order after the open offer.

Orders

  • No order for costs up to 17 March 2014 open offer.
  • Claimants to pay defendant's costs for the dispute over the form of the order from 17 March 2014.