header-logo header-logo

30 January 2015
Issue: 7639 / Categories: Legal News
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll