Douglas & Ors v Hello! Ltd. & Ors
Claimants were the substantive winners but had failed on several issues, so were awarded 75% of their costs of the liability hearing and 85% of the quantum hearing, both on the standard basis. Interest on damages was awarded at a reduced sum due to lack of evidence of actual borrowing by the third claimant. Interest on costs was allowed at base rate plus 1.5% from payment dates. The Court of Appeal's order for costs was set aside due to the Hello! Defendants' fraud, replaced by no order as to costs. No costs were awarded for or against the Claimants regarding the Marquesa and her company.
- Parties
- Claimant: Michael Douglas; Claimant: Catherine Zeta-Jones; Claimant: Northern & Shell PLC; Defendant: Hello! Ltd.; Defendant: Hola, S.A.; Defendant: Eduardo Sanchez Junco; Defendant: The Marquesa de Varela; Defendant: Neneta Overseas Ltd.; Defendant: Philip Ramey
- Jurisdiction
- England and Wales
- Judgment Date
- 23 January 2004
- Procedural Posture
- Civil / Costs Determination After Liability and Quantum Judgments
- Outcome
- Claimants awarded 75% of their costs of the liability hearing and 85% of the quantum hearing against Hello! Defendants on the standard basis; interest on damages and costs awarded as specified; Court of Appeal's costs order set aside; no order as to costs between Claimants and Marquesa/Neneta; Mr Ramey to pay...
- Legal Topics
- Costs, Breach of Confidence, Data Protection, Conspiracy, Economic Torts, Damages, Interest on Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Douglas
Claimant
Catherine Zeta-Jones
Claimant
Northern & Shell PLC
Claimant
Hello! Ltd.
Defendant
Hola, S.A.
Defendant
Eduardo Sanchez Junco
Defendant
The Marquesa de Varela
Defendant
Neneta Overseas Ltd.
Defendant
Philip Ramey
Defendant
Procedural Posture
Civil / Costs Determination After Liability and Quantum Judgments
Legal Issues
- 1 Appropriate orders for costs following liability and quantum hearings
- 2 Assessment of indemnity versus standard basis for costs
- 3 Interest on damages and costs
Ratio Decidendi
Claimants were the substantive winners but had failed on several issues, so were awarded 75% of their costs of the liability hearing and 85% of the quantum hearing, both on the standard basis. Interest on damages was awarded at a reduced sum due to lack of evidence of actual borrowing by the third claimant. Interest on costs was allowed at base rate plus 1.5% from payment dates. The Court of Appeal's order for costs was set aside due to the Hello! Defendants' fraud, replaced by no order as to costs. No costs were awarded for or against the Claimants regarding the Marquesa and her company.
Court Disposition
Claimants awarded 75% of their costs of the liability hearing and 85% of the quantum hearing against Hello! Defendants on the standard basis; interest on damages and costs awarded as specified; Court of Appeal's costs order set aside; no order as to costs between Claimants and Marquesa/Neneta; Mr Ramey to pay...
Orders
- Hello! Defendants to pay 75% of Claimants' costs of the liability hearing on the standard basis.
- Hello! Defendants to pay 85% of Claimants' costs of the quantum hearing on the standard basis.
Full Case Text
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