Burrell v Clifford [2016] EWHC 578 (Ch) (03 March 2016)

Burrell v Clifford [2016] EWHC 578 (Ch) (03 March 2016)

The claimant is entitled to his costs because he succeeded on the claim, the defendant's settlement offer did not provide adequate costs protection, and the proportionality of costs is addressed through budgeting and assessment, not by depriving a successful claimant of costs.

Citation
[2016] EWHC 578 (Ch)
Parties
Claimant: Paul Burrell; Defendant: Max Clifford
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Civil / Post Trial Costs Ruling
Outcome
Claimant awarded costs of the proceedings.
Legal Topics
Costs, Misuse of Private Information, Part 36 Offers, Costs Budgeting
Civil Procedure Privacy Law Costs Misuse of Private Information Part 36 Offers Costs Budgeting

Case Brief

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Parties

Paul Burrell

Claimant

Max Clifford

Defendant

Procedural Posture

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the claimant is entitled to costs despite the modest value of the claim and high costs incurred
  2. 2 Effect of without prejudice save as to costs offers on costs liability
  3. 3 Proportionality of costs in relation to damages awarded

Ratio Decidendi

The claimant is entitled to his costs because he succeeded on the claim, the defendant's settlement offer did not provide adequate costs protection, and the proportionality of costs is addressed through budgeting and assessment, not by depriving a successful claimant of costs.

Court Disposition

Claimant awarded costs of the proceedings.

Orders

  • Claimant entitled to his costs of the proceedings.