Costs
Amersi v British Broadcasting Corp [2026] EWHC 2268 (KB)
The King’s Bench Division dismissed the defendant BBC’s application for security for costs against the claimant. This was a libel claim brought by the claimant concerning a Panorama episode and accompanying article. A trial on meaning had been held in 2023, with the court determining the defamatory meaning. The defendant relied on a defence of truth pursuant to s 2 of the Defamation Act 2013. The defendant sought security for costs of £1,581,692 for future costs to trial, relying on CPR 25.27(b)(i) on the basis the claimant was resident outside the jurisdiction. The court was satisfied on the balance of probabilities that the claimant was resident out of the jurisdiction, based on evidence including a claim form in separate proceedings giving his address in Dubai, United Arab Emirates. However, the court was not satisfied that it was just to make an order for security for costs having regard to all the circumstances. The claimant held a 20% beneficial interest in 10
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