Gilham v MGN Ltd & Anor

Gilham v MGN Ltd & Anor

Indemnity costs are awarded from 10 January 2020, the date 21 days after the claimant's Part 36 offer, as agreed by the parties. The claimant is entitled to an additional 10% of the assessed compensation under CPR 36.17(4)(d) and enhanced interest at 2% above base from 10 January 2020. The court found no sufficient unreasonableness in the defendants' conduct to justify indemnity costs from an earlier date, and the policy objectives of Part 36 apply to offer of amends cases.

Parties
Claimant: Martin Gilham; Defendant: MGN Limited; Defendant: Reach PLC
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Claimant's application for indemnity costs from 12 July 2019 refused; indemnity costs awarded from 10 January 2020. Claimant awarded additional 10% damages and enhanced interest at 2% above base from 10 January 2020.
Legal Topics
Costs, Offer of Amends, Part 36 Offers, Damages, Interest on Damages
Defamation Civil Procedure Costs Offer of Amends Part 36 Offers Damages Interest on Damages

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Martin Gilham

Claimant

MGN Limited

Defendant

Reach PLC

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 From what date should indemnity costs be assessed?
  2. 2 Is the claimant entitled to an additional 10% damages under CPR 36.17(4)(d)?
  3. 3 Is the claimant entitled to enhanced interest on damages?

Ratio Decidendi

Indemnity costs are awarded from 10 January 2020, the date 21 days after the claimant's Part 36 offer, as agreed by the parties. The claimant is entitled to an additional 10% of the assessed compensation under CPR 36.17(4)(d) and enhanced interest at 2% above base from 10 January 2020. The court found no sufficient unreasonableness in the defendants' conduct to justify indemnity costs from an earlier date, and the policy objectives of Part 36 apply to offer of amends cases.

Court Disposition

Claimant's application for indemnity costs from 12 July 2019 refused; indemnity costs awarded from 10 January 2020. Claimant awarded additional 10% damages and enhanced interest at 2% above base from 10 January 2020.

Orders

  • Defendants to pay claimant's costs of the proceedings, subject to detailed assessment if not agreed.
  • Costs to be assessed on the indemnity basis from 10 January 2020.