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30 January 2015
Issue: 7639 / Categories: Legal News
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Costs own-goal in footballer libel trial

A libel trial brought by footballer Danny Simpson for an alleged infidelity landed his lawyers with a troublesome dispute over costs.

Simpson, a defender for Leicester City, won his libel case against the publishers of the Daily Mirror, in Simpson v MGN Ltd [2015] EWHC 126 (QB). However, his legal team has not fared quite so well on costs.

Simpson’s team applied for more than £24,000 costs. However, the defendant submitted that no costs should be awarded because Simpson's costs budget did not include any sum in respect of the costs of the applications, and Simpson failed to serve a costs schedule on the defendant.

The judge ruled against MGN’s first point and declined to disallow costs entirely on the second point. Instead, he ruled that Simpson should get 90% of the costs sought minus a deduction to reflect the fact the claimant’s failures caused the defendant to incur additional costs. He awarded costs of £10,500.

Jon Lord, council member of the Association of Costs Lawyers, says: “This ruling shows how some of the kinks in the budgeting process still need to be smoothed out; otherwise they risk just introducing an unnecessary layer of costs into litigation. 

“In keeping with the football theme of the case, the only goal scored was an own goal by Mr Simpson in failing to serve his team sheets (budget and statement of costs) on the opposition before the game. The penalty for that was sensibly proportionate in the form of the additional cost caused by his failure.”

 

Issue: 7639 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

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Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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