McKenna v MGN Ltd [2007] EWHC B12 (QB) (16 July 2007)

McKenna v MGN Ltd [2007] EWHC B12 (QB) (16 July 2007)

Claimant must pay costs attributable to the malice/aggravated damages issue; indemnity costs not awarded as Part 36 does not apply and claimant failed to provide sufficient information for settlement; 15% deduction from claimant's recoverable costs due to evasive conduct and unnecessary expenditure; costs of university survey disallowed; defendant to have costs incurred after 28 July 2006, except where agreed otherwise.

Citation
[2007] EWHC B12
Parties
Claimant: Mr. McKenna; Defendant: MGN Ltd.
Jurisdiction
England and Wales
Judgment Date
16 July 2007
Procedural Posture
Libel Action / Post Trial Costs Ruling
Outcome
Costs apportioned; claimant to pay costs attributable to malice/aggravated damages issue; 15% deduction from recoverable costs; university survey costs disallowed; defendant awarded costs post-28 July 2006.
Legal Topics
Costs, Malice, Vicarious Liability, Indemnity Costs, CPR Part 36, Aggravated Damages
Defamation Civil Procedure Costs Malice Vicarious Liability Indemnity Costs CPR Part 36 Aggravated Damages

Case Brief

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Parties

Mr. McKenna

Claimant

MGN Ltd.

Defendant

Procedural Posture

Libel Action / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the claimant or defendant should bear costs attributable to the malice/aggravated damages issue
  2. 2 Whether indemnity costs should be awarded to the claimant
  3. 3 Appropriate deductions from costs due to conduct and unnecessary expenditure

Ratio Decidendi

Claimant must pay costs attributable to the malice/aggravated damages issue; indemnity costs not awarded as Part 36 does not apply and claimant failed to provide sufficient information for settlement; 15% deduction from claimant's recoverable costs due to evasive conduct and unnecessary expenditure; costs of university survey disallowed; defendant to have costs incurred after 28 July 2006, except where agreed otherwise.

Court Disposition

Costs apportioned; claimant to pay costs attributable to malice/aggravated damages issue; 15% deduction from recoverable costs; university survey costs disallowed; defendant awarded costs post-28 July 2006.

Orders

  • Claimant to pay costs attributable to malice/aggravated damages issue.
  • 15% deduction from claimant's recoverable costs up to 28 July 2006.