Cases

Adelson v Associated Newspapers Ltd (No 3)

Facts

D made an open offer to settle a libel claim, which it was defending with a detailed plea of justification. D then applied (inter alia) for an order that unless Cs accepted the open offer, the proceedings be stayed on the grounds that to litigate the claim to the conclusion of a trial would be disproportionate and an abuse of process. One key element of the D's open offer was that it would make a statement in open court that the allegations sued on by Cs were 'absolutely and utterly false'. Given this proposed admission, Cs applied to strike out the defence of justification and for judgment. The open offer proposed that the costs of the action (except insofar as the court had already made costs orders) be decided by the court 'according to ordinary principles'.

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