Burrell v Clifford

Burrell v Clifford

The claimant is entitled to his costs because he succeeded on a well-founded claim, the defendant’s without prejudice save as to costs offer was inadequate as it did not cover reasonable incurred costs, and the proportionality of costs is addressed by budgeting and assessment, not by depriving the successful party of costs.

Parties
Claimant: Paul Burrell; Defendant: Max Clifford
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Civil / Costs Ruling After Judgment
Outcome
Claimant awarded costs of the proceedings.
Legal Topics
Costs, Misuse of Private Information, Proportionality, Part 36 Offers
Civil Procedure Costs Misuse of Private Information Proportionality Part 36 Offers

Case Brief

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Parties

Paul Burrell

Claimant

Max Clifford

Defendant

Procedural Posture

Civil / Costs Ruling After Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to recover his costs despite the modest value of the claim and the high costs incurred
  2. 2 Effect of without prejudice save as to costs offers on costs recovery
  3. 3 Appropriate application of CPR 44.2 discretion in costs

Ratio Decidendi

The claimant is entitled to his costs because he succeeded on a well-founded claim, the defendant’s without prejudice save as to costs offer was inadequate as it did not cover reasonable incurred costs, and the proportionality of costs is addressed by budgeting and assessment, not by depriving the successful party of costs.

Court Disposition

Claimant awarded costs of the proceedings.

Orders

  • Claimant entitled to recover his costs of the proceedings.