KC v MGN Ltd

Where a claimant rejects a clear and unequivocal offer of amends and fails to obtain a better outcome, the claimant should bear the costs incurred after the rejection, as the litigation was unnecessary and contrary to the statutory objective of resolving defamation disputes economically and rapidly.

Parties: Claimant: KC; Defendant: MGN Limited
Jurisdiction: England and Wales
Judgment Date: 22 January 2013
Procedural Posture: Civil Appeal / Costs Determination After Successful Appeal
Outcome: Costs apportioned: defendant to pay claimant's costs up to 16 December 2010; no order as to costs up to 10 April 2011; claimant to pay defendant's costs thereafter, including trial and appeal.
Legal Topics: Costs, Offer of Amends, Damages Assessment

Defamation Civil Procedure Costs Offer of Amends Damages Assessment

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 1 Authorities cited 3 Party arguments 2 Amounts and remedies 3

Parties

Claimant

MGN Limited

Defendant

Procedural Posture

Civil Appeal / Costs Determination After Successful Appeal

Legal Issues

1 Who should bear the costs following an offer of amends under the Defamation Act 1996 when the claimant fails to beat the defendant's offer?
2 What is the appropriate approach to costs where an offer of amends is made and rejected?

Ratio Decidendi

Court Disposition

Costs apportioned: defendant to pay claimant's costs up to 16 December 2010; no order as to costs up to 10 April 2011; claimant to pay defendant's costs thereafter, including trial and appeal.

Orders

Defendant to pay claimant's costs on a standard basis up to and including 16 December 2010.
No order as to costs up to and including 10 April 2011.