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

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

Claimants' fraudulent conduct in the course of the action, particularly Mr Joseph's forgery and deception, warrants only nominal damages and justifies ordering claimants to pay 75% of defendants' costs.

Citation
[2012] EWHC 3278 (QB)
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
Libel / Post Trial Costs Determination
Outcome
Judgment for claimants for nominal damages; claimants to pay 75% of defendants' costs.
Legal Topics
Libel, Damages, Costs, Fraudulent Evidence, Abuse of Process
Defamation Civil Procedure Libel Damages Costs Fraudulent Evidence Abuse of Process

Case Brief

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Parties

Craig Joseph

Claimant

Jason Joseph

Claimant

Anthony Raymond

Claimant

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Libel / Post Trial Costs Determination

Legal Issues

  1. 1 Whether claimants are entitled to costs after nominal damages awarded
  2. 2 Effect of fraudulent evidence on damages and costs
  3. 3 Relevance of claimant's conduct to damages in libel actions

Ratio Decidendi

Claimants' fraudulent conduct in the course of the action, particularly Mr Joseph's forgery and deception, warrants only nominal damages and justifies ordering claimants to pay 75% of defendants' costs.

Court Disposition

Judgment for claimants for nominal damages; claimants to pay 75% of defendants' costs.

Orders

  • Claimants awarded damages of 1p.
  • Claimants to pay 75% of defendants' costs, except costs already ordered.