Gulati & OrS v MGN Ltd

Gulati & OrS v MGN Ltd

The conduct of the defendant, while unattractive and unimpressive, did not reach the threshold of unreasonableness required for indemnity costs. The withdrawal of the offers meant Part 36 consequences could not apply, and the offers themselves, having lost their status, did not justify indemnity costs under Part 44.

Parties
Claimants: Gulati & ors; Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Applications for indemnity costs by Ms Frost and Mr Ashworth dismissed.
Legal Topics
Costs, Indemnity Costs, Settlement Offers, CPR Part 36, Unreasonable Conduct
Civil Procedure Media Law Costs Indemnity Costs Settlement Offers CPR Part 36 Unreasonable Conduct

Case Brief

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Parties

Gulati & ors

Claimants

MGN Ltd

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether Ms Frost and Mr Ashworth should have their costs on the indemnity basis from a date after pre-trial settlement offers were rejected
  2. 2 Whether the defendant's conduct justified indemnity costs

Ratio Decidendi

The conduct of the defendant, while unattractive and unimpressive, did not reach the threshold of unreasonableness required for indemnity costs. The withdrawal of the offers meant Part 36 consequences could not apply, and the offers themselves, having lost their status, did not justify indemnity costs under Part 44.

Court Disposition

Applications for indemnity costs by Ms Frost and Mr Ashworth dismissed.

Orders

  • Ms Frost and Mr Ashworth to receive costs on the standard basis only.