header-logo header-logo

Defamation—Order for costs—Approach

01 February 2013
Issue: 7546 / Categories: Case law , Law reports , In Court
printer mail-detail

KC v MGN Ltd [2013] EWCA Civ 3, [2013] All ER (D) 140 (Jan)

Court of Appeal, Civil Division, Lord Judge CJ, Lord Neuberger and Mr Justice Eady, 22 Jan 2013

If, following an appropriate apology, a claimant chooses to reject a clear and unequivocal offer of damages, and thus incurs additional legal expense himself, and requires the defendant to incur further expense, the burden of what proves to have been unnecessary legal expense should normally fall on the claimant.

James Dingemans QC and Julien Foster (instructed by YVA Solicitors) for the claimant. Desmond Browne QC and Yuli Takatsuki (instructed by MGN Legal Department) for the defendant.

The underlying proceedings involved an action in which the claimant argued that he had been libelled by an article in one of the defendant’s newspapers. The claimant obtained judgment and an order for damages and costs in his favour. The defendant then appealed successfully against the award of damages. The Court of Appeal reduced the judge’s starting point from £150,000 to £100,000.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll