Jordan v MGN Ltd

Jordan v MGN Ltd

The claimant's late acceptance of the September 2014 Part 36 offer, after failing to engage properly in settlement negotiations and incurring significant unnecessary costs, means the normal costs consequences apply: the claimant must pay the defendant's costs from the end of the relevant period (15 September 2016) to acceptance, assessed on the indemnity basis due to the claimant's unreasonable conduct.

Parties
Claimant: Edmund Patrick Jordan; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Civil / Post Settlement Application on Costs After Acceptance of Part 36 Offer, Pre Trial
Outcome
Application dismissed; normal costs consequences of late acceptance of Part 36 offer apply; indemnity costs awarded to defendant for the relevant period.
Legal Topics
Costs, Part 36 Offers, Abuse of Process, Settlement, Phone Hacking, Conditional Fee Agreements, ATE Insurance
Civil Procedure Media Law Privacy Costs Part 36 Offers Abuse of Process Settlement Phone Hacking +2 more

Case Brief

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Parties

Edmund Patrick Jordan

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Post Settlement Application on Costs After Acceptance of Part 36 Offer, Pre Trial

Legal Issues

  1. 1 Whether the claimant should be entitled to costs after late acceptance of a Part 36 offer
  2. 2 Whether the defendant's conduct amounted to an abuse of process justifying a departure from the normal costs order
  3. 3 Whether indemnity costs should be awarded to the defendant

Ratio Decidendi

The claimant's late acceptance of the September 2014 Part 36 offer, after failing to engage properly in settlement negotiations and incurring significant unnecessary costs, means the normal costs consequences apply: the claimant must pay the defendant's costs from the end of the relevant period (15 September 2016) to acceptance, assessed on the indemnity basis due to the claimant's unreasonable conduct.

Court Disposition

Application dismissed; normal costs consequences of late acceptance of Part 36 offer apply; indemnity costs awarded to defendant for the relevant period.

Orders

  • Claimant to pay defendant's costs from 15 September 2016 to date of acceptance, assessed on the indemnity basis.
  • No order for costs in claimant's favour for the post-relevant period.