Ontulmus & Ors v Collett & Ors [2014] EWHC 4117 (QB) (05 December 2014)

Ontulmus & Ors v Collett & Ors [2014] EWHC 4117 (QB) (05 December 2014)

The court ordered that proceedings be stayed save for enforcement of damages and costs, judgment be entered for claimants for settlement sums, costs allocation follow Part 36 rules (standard basis up to 3 December 2013, indemnity basis thereafter), claimants be jointly and severally liable for common costs from 4 December 2013, and enforcement of damages be temporarily stayed pending clarification of security for costs.

Citation
[2014] EWHC 4117
Parties
Claimant: Mustafa Ontulmus; Claimant: MTH Yatcilik; Claimant: Kaiserwerft GmbH; Defendant: Sir Ian Collett; Defendant: Ward & McKenzie (Yacht Consultants) Limited; Defendant: Mr Peter Moore; Interested Party: Ford & Warren, solicitors
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Libel Action / Post Settlement, Costs and Damages Orders
Outcome
Judgment for claimants for settlement sums; proceedings stayed save for enforcement; costs orders as specified.
Legal Topics
Libel, Costs, Settlement, Security for Costs, Joint and Several Liability, Set Off
Defamation Civil Procedure Libel Costs Settlement Security for Costs Joint and Several Liability Set Off

Case Brief

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Parties

Mustafa Ontulmus

Claimant

MTH Yatcilik

Claimant

Kaiserwerft GmbH

Claimant

Sir Ian Collett

Defendant

Ward & McKenzie (Yacht Consultants) Limited

Defendant

Mr Peter Moore

Defendant

Ford & Warren, solicitors

Interested Party

Procedural Posture

Libel Action / Post Settlement, Costs and Damages Orders

Legal Issues

  1. 1 Appropriate final orders for damages and costs after settlement and discontinuance
  2. 2 Basis for costs assessment (standard or indemnity)
  3. 3 Joint and several liability for costs

Ratio Decidendi

The court ordered that proceedings be stayed save for enforcement of damages and costs, judgment be entered for claimants for settlement sums, costs allocation follow Part 36 rules (standard basis up to 3 December 2013, indemnity basis thereafter), claimants be jointly and severally liable for common costs from 4 December 2013, and enforcement of damages be temporarily stayed pending clarification of security for costs.

Court Disposition

Judgment for claimants for settlement sums; proceedings stayed save for enforcement; costs orders as specified.

Orders

  • Judgment for Mr Ontulmus for £75,000, Kaiserwerft for £25,000, MTH for £500
  • Proceedings stayed except for enforcement of damages and costs