Rackham v Sandy & Ors [2005] EWHC 1354 (QB) (28 June 2005)

Rackham v Sandy & Ors [2005] EWHC 1354 (QB) (28 June 2005)

Mr Rackham is entitled to recover two-thirds of his costs from Mr Sandy on the standard basis due to Mr Sandy's principal role and finding of malice, but not on the indemnity basis as it would be unjust. Mr Etheridge and Mr Hardman, having succeeded, are entitled to recover one quarter each of the total defendants' costs from Mr Rackham on the standard basis. No Sanderson or Bullock order is appropriate as the defendants were not blaming each other and the claimant could identify the principal actor.

Citation
[2005] EWHC 1354 (QB)
Parties
Claimant: Mr Paul Rackham; Defendant: Mr Nigel Sandy; Defendant: Mr Hugh Etheridge; Defendant: Mr Steven Hardman
Jurisdiction
England and Wales
Judgment Date
28 June 2005
Procedural Posture
Libel Action / Post Trial Costs Ruling
Outcome
Costs orders made as specified: Mr Sandy to pay two-thirds of Mr Rackham's costs on the standard basis; Mr Rackham to pay one quarter each of the total defendants' costs to Mr Etheridge and Mr Hardman on the standard basis; no Sanderson or Bullock order.
Legal Topics
Libel, Costs, Qualified Privilege, Malice, Indemnity Costs, Standard Costs, Part 36 Offers
Defamation Civil Procedure Libel Costs Qualified Privilege Malice Indemnity Costs Standard Costs +1 more

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Parties

Mr Paul Rackham

Claimant

Mr Nigel Sandy

Defendant

Mr Hugh Etheridge

Defendant

Mr Steven Hardman

Defendant

Procedural Posture

Libel Action / Post Trial Costs Ruling

Legal Issues

  1. 1 Entitlement to costs following partial success in libel action
  2. 2 Basis (standard or indemnity) for costs orders
  3. 3 Proportion of costs recoverable from each defendant

Ratio Decidendi

Mr Rackham is entitled to recover two-thirds of his costs from Mr Sandy on the standard basis due to Mr Sandy's principal role and finding of malice, but not on the indemnity basis as it would be unjust. Mr Etheridge and Mr Hardman, having succeeded, are entitled to recover one quarter each of the total defendants' costs from Mr Rackham on the standard basis. No Sanderson or Bullock order is appropriate as the defendants were not blaming each other and the claimant could identify the principal actor.

Court Disposition

Costs orders made as specified: Mr Sandy to pay two-thirds of Mr Rackham's costs on the standard basis; Mr Rackham to pay one quarter each of the total defendants' costs to Mr Etheridge and Mr Hardman on the standard basis; no Sanderson or Bullock order.

Orders

  • Mr Sandy to pay two-thirds of Mr Rackham's costs on the standard basis.
  • Mr Rackham to pay one quarter of the total defendants' costs to Mr Etheridge on the standard basis.