Underhill v Corser & Anor

Mr Corser, having succeeded on the issue of responsibility for publication, is entitled to his costs for that issue. Mr Watson, having lost on two preliminary issues, must pay 75% of the Claimant's costs for those issues. No separate allowance is made for points conceded, as costs incurred were due to Defendants' failure to comply with pre-action obligations.

Parties: Claimant: Stephen Underhill; Defendant: Richard Corser; Defendant: Timothy Watson
Jurisdiction: England and Wales
Judgment Date: 16 June 2010
Procedural Posture: Civil / Costs Determination After Preliminary Issues Trial
Outcome: Costs apportioned: Claimant to pay Mr Corser's costs for issue (iii); Mr Watson to pay 75% of Claimant's costs for preliminary issues.
Legal Topics: Costs, Qualified Privilege, Abuse of Process, Publication

Civil Procedure Costs Qualified Privilege Abuse of Process Publication

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Underhill

Claimant

Richard Corser

Defendant

Timothy Watson

Defendant

Procedural Posture

Civil / Costs Determination After Preliminary Issues Trial

Legal Issues

1 Who should bear the costs between the Claimant and Mr Corser for the action including the preliminary issue
2 Who should bear the costs between the Claimant and Mr Watson for the preliminary issue
3 Whether Mr Corser was responsible for publication

Ratio Decidendi

Court Disposition

Costs apportioned: Claimant to pay Mr Corser's costs for issue (iii); Mr Watson to pay 75% of Claimant's costs for preliminary issues.

Orders

Claimant to pay Mr Corser 25% of the costs incurred by both Defendants in the action.
Mr Watson to pay Claimant 75% of the costs incurred by Claimant on the preliminary issue.