Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) (09 February 2024)

Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) (09 February 2024)

In managed group litigation, costs of generic issues are to be awarded to claimants on the indemnity basis due to MGN's dishonest conduct and the benefit to all claimants, regardless of individual claim outcomes. Individual costs follow the event, with indemnity basis applied where claimants' conduct was...

Source-derived case information.

Citation
[2024] EWHC 274 (Ch)
Parties
Claimant: The Duke of Sussex; Claimant: Nikki Sanderson; Claimant: Michael Turner; Claimant: Fiona Wightman; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Costs Determination in Managed Group Litigation / Post Trial, Costs and Interim Payments Order
Outcome
Costs orders made as set out in summary; interim payments ordered; interest on individual costs awarded to MGN.
Legal Topics
Costs, Limitation of Actions, Unlawful Information Gathering, Damages, Indemnity Costs, Part 36 Offers, Group Litigation
Civil Procedure Media Law Tort Costs Limitation of Actions Unlawful Information Gathering Damages Indemnity Costs +2 more

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Summary, issues, holding and outcome

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Parties

The Duke of Sussex

Claimant

Nikki Sanderson

Claimant

Michael Turner

Claimant

Fiona Wightman

Claimant

MGN Limited

Defendant

Procedural Posture

Costs Determination in Managed Group Litigation / Post Trial, Costs and Interim Payments Order

Legal Issues

  1. 1 Allocation of costs between claimants and defendant in managed group litigation
  2. 2 Effect of success on generic issues versus individual claims
  3. 3 Impact of Part 36 and Calderbank offers on costs liability

Ratio Decidendi

In managed group litigation, costs of generic issues are to be awarded to claimants on the indemnity basis due to MGN's dishonest conduct and the benefit to all claimants, regardless of individual claim outcomes. Individual costs follow the event, with indemnity basis applied where claimants' conduct was unreasonable or claims exaggerated. Part 36 and Calderbank offers not beaten by claimants result in liability for defendant's costs from the relevant date. Costs for the authenticity challenge are awarded to claimants on the indemnity basis due to MGN's conduct.

Court Disposition

Costs orders made as set out in summary; interim payments ordered; interest on individual costs awarded to MGN.

Orders

  • Ms Wightman to pay MGN's individual costs and share of common costs (excluding generic trial issues and authenticity challenge) on standard basis.
  • Ms Sanderson to pay MGN's individual costs on indemnity basis and share of common costs (excluding generic trial issues and authenticity challenge) on standard basis.