Cases

McPhilemy v Times Newspapers Ltd (No.4)

Facts

At the trial of his libel claim against the Sunday Times, the jury awarded the Claimant £145,000 general damages. Earlier in the proceedings, he had made a Part 36 Offer to Settle of £50,000, which was not accepted by the Defendants. The trial judge refused to make an order for indemnity costs and interest on damages and costs on the grounds that it would be unjust to do so in the particular cirumstances of the case because (i) an award of indemnity costs was punitive in nature and carried a stigma; (ii) the issues had been complicated and the Defendants could not be criticised for taking it to trial; and (iii) libel awards do not attract interest. The Claimant appealed.

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