Joseph & Ors v Spiller & Anor

Joseph & Ors v Spiller & Anor

The fraudulent conduct of Mr Joseph in forging documents and giving false evidence constituted an attempt to pervert the course of justice, justifying the award of only nominal damages and the order that the claimants pay 75% of the defendants' costs. The conduct tainted the joint claim, and it would be an affront...

Source-derived case information.

Parties
Claimant: Craig Joseph; Claimant: Jason Joseph; Claimant: Anthony Raymond; Defendant: Jason Spiller; Defendant: 1311 Events Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Civil Defamation / Costs Determination After Judgment
Outcome
Judgment for claimants for nominal damages; claimants to pay 75% of defendants' costs (excluding costs already ordered).
Legal Topics
Damages, Costs, Fraud on the Court, Abuse of Process
Defamation Civil Procedure Damages Costs Fraud on the Court Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Craig Joseph

Claimant

Jason Joseph

Claimant

Anthony Raymond

Claimant

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Civil Defamation / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to costs after being awarded only nominal damages for defamation
  2. 2 Whether the fraudulent conduct of the claimant affects the award of damages and costs
  3. 3 Whether the claims of the other claimants should be struck out due to the fraudulent conduct of one claimant

Ratio Decidendi

The fraudulent conduct of Mr Joseph in forging documents and giving false evidence constituted an attempt to pervert the course of justice, justifying the award of only nominal damages and the order that the claimants pay 75% of the defendants' costs. The conduct tainted the joint claim, and it would be an affront to justice to award more than nominal damages or allow recovery of special damages.

Court Disposition

Judgment for claimants for nominal damages; claimants to pay 75% of defendants' costs (excluding costs already ordered).

Orders

  • Judgment entered for claimants for damages in the sum of 1p.
  • Claimants to pay to the defendants 75% of the defendants’ costs, other than those costs in respect of which orders for costs have already been made.