Cases

Miller v Associated Newspapers Ltd (No.4)

Held

(1) There was no reason to take an "issues based" approach to costs. It could not be said that one party had dragged in unreasonable matters which justified departing from the conventional approach that the successful party should have its costs. Costs should follow the event. (2) The Defendant was entitled to have its costs assessed on the indemnity basis from 6 January 2004 being 21 days after it made a part 36 payment of £10,000. The Claimant's conduct in pressing on beyond that date was unreasonable bearing in mind what a part 36 payment entails in a libel case and he had not suffered in employment terms: Reid Minty v Taylor [2002] EMLR 347 and Excelsior v Salisbury [2002] EWCA Civ 879 applied. (3) The Defendant was entitled to have interest at 1% above base costs on those costs placed into the solicitors hands. It took an incredible risk and faced enormous expense. (4) Permission to appeal refused. There was no reasonable prospect of establishing that the judgment was perverse.

Also