The Duke of Sussex & Ors v MGN Limited

The Duke of Sussex & Ors v MGN Limited

The court distinguished between generic and individual costs, awarding claimants indemnity costs for the generic issues due to MGN's dishonest conduct and concealment, but ordering claimants to pay MGN's individual costs (on indemnity basis for Sanderson and Turner, standard for Wightman) due to their failure to beat settlement offers and unreasonable conduct. The court held that the exceptional nature of the generic issues and their benefit to all claimants justified a separate costs order. Interest on individual costs was awarded to MGN.

Parties
Claimant: The Duke of Sussex; Claimant: Nikki Sanderson; Claimant: Michael Turner; Claimant: Fiona Wightman; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Costs apportioned: claimants to pay MGN individual costs (indemnity for Sanderson and Turner, standard for Wightman); MGN to pay claimants' common costs of generic issues and authenticity challenge on indemnity basis; interim payments and interest ordered.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Limitation, Unlawful Information Gathering, Settlement Offers
Civil Procedure Media Law Costs Indemnity Costs Standard Costs Limitation Unlawful Information Gathering Settlement Offers

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Parties

The Duke of Sussex

Claimant

Nikki Sanderson

Claimant

Michael Turner

Claimant

Fiona Wightman

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Proper allocation of costs between claimants and defendant after trial of generic and individual issues
  2. 2 Effect of settlement offers (Calderbank and Part 36) on costs liability
  3. 3 Assessment basis for costs (standard or indemnity)

Ratio Decidendi

The court distinguished between generic and individual costs, awarding claimants indemnity costs for the generic issues due to MGN's dishonest conduct and concealment, but ordering claimants to pay MGN's individual costs (on indemnity basis for Sanderson and Turner, standard for Wightman) due to their failure to beat settlement offers and unreasonable conduct. The court held that the exceptional nature of the generic issues and their benefit to all claimants justified a separate costs order. Interest on individual costs was awarded to MGN.

Court Disposition

Costs apportioned: claimants to pay MGN individual costs (indemnity for Sanderson and Turner, standard for Wightman); MGN to pay claimants' common costs of generic issues and authenticity challenge on indemnity basis; interim payments and interest ordered.

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.