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

Indemnity costs are awarded because the claimant's conduct was unreasonable to a high degree, the claim was hopeless and maintained for ulterior purposes, and the claimant failed to accept reasonable offers to settle, causing unnecessary costs to the defendant.

Citation: [2009] EWHC 592
Parties: Claimant: Mr Bahram Noorani; Defendant: Mr Richard Calver
Jurisdiction: England and Wales
Judgment Date: 25 March 2009
Procedural Posture: Libel and Slander / Post Discontinuance, Costs Ruling
Outcome: Claimant ordered to pay defendant's costs on indemnity basis; interim payment ordered.
Legal Topics: Libel, Slander, Costs Assessment, Indemnity Costs, Conditional Fee Agreements

Defamation Civil Procedure Libel Slander Costs Assessment Indemnity Costs Conditional Fee Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Bahram Noorani

Claimant

Mr Richard Calver

Defendant

Procedural Posture

Libel and Slander / Post Discontinuance, Costs Ruling

Legal Issues

1 Whether indemnity costs should be awarded against the claimant
2 Whether the claimant's conduct and claim justify indemnity costs
3 Appropriate interim payment on account of costs

Ratio Decidendi

Court Disposition

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

Orders

Costs to be assessed on indemnity basis if not agreed.
Claimant to pay £50,000 interim payment within 14 days.