Underhill v Corser & Anor [2010] EWHC 1410 (QB) (16 June 2010)

Underhill v Corser & Anor [2010] EWHC 1410 (QB) (16 June 2010)

Mr Corser, having succeeded on the issue of responsibility for publication, is entitled to his costs for that issue. Mr Watson, having lost on the main issues, must pay 75% of the Claimant's costs of the preliminary issue. Costs for conceded issues are not separately allowed due to Defendants' late disclosure and...

Source-derived case information.

Citation
[2010] EWHC 1410
Parties
Claimant: Stephen Underhill; Defendant: Richard Corser; Defendant: Timothy Watson
Jurisdiction
England and Wales
Judgment Date
16 June 2010
Procedural Posture
Civil Defamation / Costs Ruling Following Preliminary Issues Judgment
Outcome
Costs apportioned: Mr Corser awarded his costs for the issue he won; Mr Watson to pay 75% of Claimant's costs of the preliminary issue; Claimant to pay Mr Corser 25% of Defendants' costs in the action.
Legal Topics
Costs, Qualified Privilege, Publication, Abuse of Process
Civil Procedure Defamation Costs Qualified Privilege Publication Abuse of Process

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Summary, issues, holding and outcome

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Parties

Stephen Underhill

Claimant

Richard Corser

Defendant

Timothy Watson

Defendant

Procedural Posture

Civil Defamation / Costs Ruling Following Preliminary Issues Judgment

Legal Issues

  1. 1 Whether publication to non-members occurred
  2. 2 Whether qualified privilege applied
  3. 3 Whether Mr Corser was responsible for publication

Ratio Decidendi

Mr Corser, having succeeded on the issue of responsibility for publication, is entitled to his costs for that issue. Mr Watson, having lost on the main issues, must pay 75% of the Claimant's costs of the preliminary issue. Costs for conceded issues are not separately allowed due to Defendants' late disclosure and non-compliance with pre-action protocols.

Court Disposition

Costs apportioned: Mr Corser awarded his costs for the issue he won; Mr Watson to pay 75% of Claimant's costs of the preliminary issue; Claimant to pay Mr Corser 25% of Defendants' costs in the action.

Orders

  • Mr Corser awarded costs of the claim against him (issue iii)
  • Mr Watson to pay 75% of Claimant's costs of the preliminary issue