Noorani v Calver (No 2 Costs) [2009] EWHC 592 (QB) (25 March 2009)

Noorani v Calver (No 2 Costs) [2009] EWHC 592 (QB) (25 March 2009)

The claimant's conduct in pursuing and maintaining a hopeless defamation claim, in the face of overwhelming evidence and reasonable offers to settle, was unreasonable to a high degree and out of the norm, justifying an order for indemnity costs in favour of the defendant.

Citation
[2009] EWHC 592 (QB)
Parties
Claimant: Mr Bahram Noorani; Defendant: Mr Richard Calver
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Civil Defamation (libel and Slander) / Post Discontinuance, Costs Determination
Outcome
Claimant ordered to pay defendant's costs on an indemnity basis; interim payment ordered.
Legal Topics
Libel, Slander, Costs, Indemnity Costs, Conditional Fee Agreements, Pre Trial Conduct
Defamation Civil Procedure Libel Slander Costs Indemnity Costs Conditional Fee Agreements Pre Trial Conduct

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Parties

Mr Bahram Noorani

Claimant

Mr Richard Calver

Defendant

Procedural Posture

Civil Defamation (libel and Slander) / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Whether the claimant should pay the defendant's costs on an indemnity basis after discontinuance of a defamation claim
  2. 2 Whether the conduct of the claimant and the nature of the claim justify indemnity costs

Ratio Decidendi

The claimant's conduct in pursuing and maintaining a hopeless defamation claim, in the face of overwhelming evidence and reasonable offers to settle, was unreasonable to a high degree and out of the norm, justifying an order for indemnity costs in favour of the defendant.

Court Disposition

Claimant ordered to pay defendant's costs on an indemnity basis; interim payment ordered.

Orders

  • Claimant to pay defendant's costs on an indemnity basis if not agreed.
  • Claimant to make an interim payment of £50,000 to the defendant within 14 days.