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

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

Claimants' conduct in pursuing claims after settlement offers was unreasonable and outside litigation norms, justifying indemnity costs from 4 December 2013; claimants are jointly and severally liable for common costs incurred by Mr Moore from that date; damages enforcement stayed temporarily pending clarification of security for costs.

Citation
[2014] EWHC 4117 (QB)
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; costs orders as specified; temporary stay on enforcement of damages.
Legal Topics
Libel, Costs, Settlement, Joint and Several Liability, Set Off, Security for Costs
Defamation Civil Procedure Libel Costs Settlement Joint and Several Liability Set Off Security for Costs

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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

Claimants' conduct in pursuing claims after settlement offers was unreasonable and outside litigation norms, justifying indemnity costs from 4 December 2013; claimants are jointly and severally liable for common costs incurred by Mr Moore from that date; damages enforcement stayed temporarily pending clarification of security for costs.

Court Disposition

Judgment for claimants for settlement sums; costs orders as specified; temporary stay on enforcement of damages.

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 (standard basis).