Henry v News Group Newspapers Ltd (Rev 1)

Henry v News Group Newspapers Ltd (Rev 1)

There is no good reason to depart from the court approved costs budget, as the Claimant failed to comply with mandatory provisions of Practice Direction 51D, did not keep the Defendant or the Court informed of the budget being exceeded, and the purpose of the costs management scheme would be undermined by allowing departure in these circumstances.

Parties
Claimant: Sylvia Henry; Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Costs Assessment in Defamation Proceedings / Ruling on Preliminary Issue Regarding Departure From Approved Costs Budget
Outcome
No good reason found to depart from approved costs budget; Claimant entitled to recover only costs as set out in paragraph 8.5 of the Costs Practice Direction.
Legal Topics
Costs Management Scheme, Departure From Costs Budget, Practice Direction 51 D, Defamation Proceedings, Costs Recovery
Civil Procedure Defamation Costs Costs Management Scheme Departure From Costs Budget Practice Direction 51 D Defamation Proceedings Costs Recovery

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Parties

Sylvia Henry

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Costs Assessment in Defamation Proceedings / Ruling on Preliminary Issue Regarding Departure From Approved Costs Budget

Legal Issues

  1. 1 Whether there is good reason for the court to depart from the court approved costs budget as approved on 20 September 2010
  2. 2 Extent of costs recoverable in respect of amendments

Ratio Decidendi

There is no good reason to depart from the court approved costs budget, as the Claimant failed to comply with mandatory provisions of Practice Direction 51D, did not keep the Defendant or the Court informed of the budget being exceeded, and the purpose of the costs management scheme would be undermined by allowing departure in these circumstances.

Court Disposition

No good reason found to depart from approved costs budget; Claimant entitled to recover only costs as set out in paragraph 8.5 of the Costs Practice Direction.

Orders

  • Claimant entitled to recover costs of preparing for and attending the application to amend and costs of any consequential amendments to statement of case.
  • Permission to appeal granted under CPR Rule 52.3(6)B.