Costs In Defamation Cases

Gilham v MGN Ltd & Anor [2021] EWHC 513 (QB) (09 February 2021)

Background

The Claimant (Mr Gilham) was a teacher with over 40 years’ experience. In 2017, an incident occurred which was referred to the Teaching Regulation Authority (TRA). The TRA found that the Claimant had made a poor professional choice but that his actions did not amount to misconduct.

Following the TRA’s decision, the Sunday Mirror and Kent Live (Defendants) both posted articles in respect of the decision. The Claimant’s wife contacted the Defendants to point out a number of inaccuracies within the articles. The Sunday Mirror confirmed straightaway that they had made an error and removed the article immediately. Kent Live also accepted that they had made an error but decided not to apologise to the Claimant.

During the course of pre-action negotiations, the Claimant accepted an offer of amends with the quantification of damages to be assessed by the Court. His Honour Judge Lewis awarded the Claimant £49,000 by way of damages with costs to be assessed in a further hearing.

A number of offers had been made by both parties in respect of damages. The question before the Court was whether the costs should be assessed from 21 days after the Claimant’s Calderbank Offer or from 21 days of the Claimant’s Part 36 Offer.

The Claimant argued that costs should be assessed from 12th July 2019, which was 21 days after the Claimant’s Calderbank Offer. The Defendant, however, argued that costs should be assessed from 10th January 2020, being 21 days after the Claimant’s Part 36 Offer.

What was decided?

The Court decided that “offers of amends” in defamation cases are not simply about money and ultimately they would expect the parties to try to settle all elements of the dispute by way of negotiation, including the question of costs.

The Court analysed the extent of the without prejudice negotiations and found that whilst there had been an element of give and take, the Claimant had continually rejected the Defendants attempts to reach an agreement in respect of costs. This was not looked upon very favourably, which resulted in the Court choosing to favour the Defendant’s position and confirmed that costs would be assessed from the later date, being 10th January 2020.

Gilham MGNHow can Nelsons help?

Ruby Ashby is an Associate in our expert Dispute Resolution team.

If you have any questions in relation to the subjects discussed in this article, please contact Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.

 

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