Douglas & Ors v Hello! Ltd. & Ors

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

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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

  1. 1 Appropriate orders for costs following liability and quantum hearings
  2. 2 Assessment of indemnity versus standard basis for costs
  3. 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.