Pallett v MGN Ltd

Pallett v MGN Ltd

The defendant was entitled to accept the Part 36 offer outside the relevant period and invite the court to determine costs, but the claimant’s conduct in seeking disclosure before engaging in settlement was reasonable given the information asymmetry and the defendant’s failure to comply with early disclosure. The defendant did not discharge the heavy burden required to justify depriving the claimant of costs after March 2019. The normal costs consequences under Part 36 should apply.

Parties
Claimant: Roxanne Pallett; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Civil / Costs Determination Following Settlement
Outcome
Claimant entitled to all costs of the proceedings as per the normal template order.
Legal Topics
Costs, Settlement, Part 36 Offers, Disclosure, Misuse of Private Information
Civil Procedure Privacy Law Costs Settlement Part 36 Offers Disclosure Misuse of Private Information

Case Brief

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Parties

Roxanne Pallett

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Costs Determination Following Settlement

Legal Issues

  1. 1 Whether the defendant was entitled to accept a Part 36 offer outside the relevant period and invite the court to determine costs
  2. 2 Whether the claimant's conduct justified depriving her of costs after a certain date
  3. 3 Whether the normal costs consequences under Part 36 should be departed from

Ratio Decidendi

The defendant was entitled to accept the Part 36 offer outside the relevant period and invite the court to determine costs, but the claimant’s conduct in seeking disclosure before engaging in settlement was reasonable given the information asymmetry and the defendant’s failure to comply with early disclosure. The defendant did not discharge the heavy burden required to justify depriving the claimant of costs after March 2019. The normal costs consequences under Part 36 should apply.

Court Disposition

Claimant entitled to all costs of the proceedings as per the normal template order.

Orders

  • Claimant awarded costs of the proceedings on the standard basis if not agreed.