Ontulmus & Ors v Collett & Ors

Ontulmus & Ors v Collett & Ors

The claimants' acceptance of settlement offers after the relevant period, particularly for nominal damages in MTH's case and abandonment of special damages claims, justified awarding indemnity costs to Mr Moore from 4 December 2013, with joint and several liability for common costs, and a temporary stay on enforcement of damages pending clarification of security for costs.

Parties
Claimant: Mustafa Ontulmus; Claimant: MTH Yatcilik; Claimant: Kaiserwert GmbH; Defendant: Sir Ian Collett; Defendant: Ward & McKenzie (Yacht Consultants) Limited; Defendant: Mr Peter Moore
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Libel Action / Post Settlement, Determination of Final Orders on Damages and Costs
Outcome
Judgment for claimants for agreed damages; costs orders as specified; temporary stay on enforcement of damages; liberty to apply.
Legal Topics
Libel, Costs, Settlement, Joint and Several Liability, Set Off, Security for Costs, Discontinuance
Defamation Civil Procedure Libel Costs Settlement Joint and Several Liability Set Off Security for Costs +1 more

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Parties

Mustafa Ontulmus

Claimant

MTH Yatcilik

Claimant

Kaiserwert GmbH

Claimant

Sir Ian Collett

Defendant

Ward & McKenzie (Yacht Consultants) Limited

Defendant

Mr Peter Moore

Defendant

Procedural Posture

Libel Action / Post Settlement, Determination of Final Orders on Damages and Costs

Legal Issues

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

Ratio Decidendi

The claimants' acceptance of settlement offers after the relevant period, particularly for nominal damages in MTH's case and abandonment of special damages claims, justified awarding indemnity costs to Mr Moore from 4 December 2013, with joint and several liability for common costs, and a temporary stay on enforcement of damages pending clarification of security for costs.

Court Disposition

Judgment for claimants for agreed damages; costs orders as specified; temporary stay on enforcement of damages; liberty to apply.

Orders

  • Judgment for Mr Ontulmus (£75,000), Kaiserwerft (£25,000), MTH (£500) against Mr Moore
  • Mr Moore to pay Ontulmus and Kaiserwerft's costs up to 3 December 2013 on standard basis