Joseph & Ors v Spiller & Anor [2012] EWHC 3278 (QB) (20 November 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 3278 (QB) (20 November 2012)

Fraudulent conduct by Mr Joseph in forging documents and giving false evidence constituted an attempt to pervert the course of justice, justifying only nominal damages and a substantial costs order against the claimants. The joint nature of the claim meant all claimants' reputations were tainted by the fraud, even if only one claimant was personally dishonest.

Citation
[2012] EWHC 3278
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 (libel) / Post Trial Judgment on Costs
Outcome
Judgment for claimants for nominal damages of 1p; claimants to pay 75% of defendants' costs (excluding costs already ordered).
Legal Topics
Libel, Damages, Costs, Fraud on the Court, Abuse of Process
Defamation Civil Procedure Libel Damages Costs Fraud on the Court Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Craig Joseph

Claimant

Jason Joseph

Claimant

Anthony Raymond

Claimant

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Civil Defamation (libel) / Post Trial Judgment on Costs

Legal Issues

  1. 1 Whether claimants are entitled to costs after being awarded only nominal damages for libel
  2. 2 Whether fraudulent conduct by a claimant affects entitlement to damages and costs
  3. 3 Whether the claims of co-claimants are tainted by one claimant's fraud

Ratio Decidendi

Fraudulent conduct by Mr Joseph in forging documents and giving false evidence constituted an attempt to pervert the course of justice, justifying only nominal damages and a substantial costs order against the claimants. The joint nature of the claim meant all claimants' reputations were tainted by the fraud, even if only one claimant was personally dishonest.

Court Disposition

Judgment for claimants for nominal damages of 1p; claimants to pay 75% of defendants' costs (excluding costs already ordered).

Orders

  • Claimants awarded damages of 1p.
  • Claimants to pay 75% of defendants' costs, except for costs already subject to previous orders.