Barron MP & Ors v Collins MEP & Anor

Barron MP & Ors v Collins MEP & Anor

UKIP, for party political and electoral reasons, deliberately delayed settlement of the libel action, causing claimants to incur additional costs that would otherwise have been avoided; it controlled and funded the litigation beyond pure funding, making it just and reasonable to impose joint and several liability...

Source-derived case information.

Parties
Claimant: Sir Kevin Barron MP; Claimant: Rt Hon John Healey MP; Claimant: Sarah Champion MP; Defendant: Jane Collins MEP; Defendant: United Kingdom Independence Party Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2018
Procedural Posture
Third Party Costs Application / Judgment on Application for Third Party Costs Order
Outcome
Third-party costs order granted against UKIP, limited to specified periods and proceedings.
Legal Topics
Third Party Costs Orders, Defamation, Party Funding and Control, Discretion Under Senior Courts Act S.51
Civil Procedure Defamation Costs Third Party Costs Orders Party Funding and Control Discretion Under Senior Courts Act S.51

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sir Kevin Barron MP

Claimant

Rt Hon John Healey MP

Claimant

Sarah Champion MP

Claimant

Jane Collins MEP

Defendant

United Kingdom Independence Party Limited

Defendant

Procedural Posture

Third Party Costs Application / Judgment on Application for Third Party Costs Order

Legal Issues

  1. 1 Whether UKIP should be made jointly and severally liable for costs incurred by claimants in libel action against Jane Collins
  2. 2 Whether UKIP's conduct in funding and controlling litigation justifies a third-party costs order
  3. 3 Extent of UKIP's causative role in prolonging litigation and escalating costs

Ratio Decidendi

UKIP, for party political and electoral reasons, deliberately delayed settlement of the libel action, causing claimants to incur additional costs that would otherwise have been avoided; it controlled and funded the litigation beyond pure funding, making it just and reasonable to impose joint and several liability for costs incurred between 20 March and 24 June 2015, costs of the assessment hearing in January 2017, and enforcement proceedings following quantum decision.

Court Disposition

Third-party costs order granted against UKIP, limited to specified periods and proceedings.

Orders

  • UKIP to be jointly and severally liable with Jane Collins for claimants' reasonable costs incurred between 20 March and 24 June 2015.
  • UKIP to be jointly and severally liable for claimants' reasonable costs of and caused by the assessment hearing in January 2017.