In a judgment handed down on 1st April 2026, the High Court (Nicklin J) awarded indemnity costs against the Claimant, Full Colour Black Ltd (FCB), following the discontinuance of its libel claim against the artist known as Banksy and Pest Control Office Ltd in respect of an Instagram post by Banksy criticising FCB’s commercial use of his artwork.
The Court held that the claim had no real prospect of success and had been pursued as a means of exerting improper pressure by exploiting Banksy’s well-known concern to preserve his anonymity, taking the case “out of the norm” for costs purposes.
The Court, however, refused to make a non-party costs order against FCB’s director, holding that control of the litigation and indirect financial benefit were insufficient, without serious impropriety or bad faith, to justify departing from the principle of limited liability.
Andrew Caldecott KC and Gervase de Wilde acted for the Defendants, the artist known as Banksy and Pest Control Office Ltd, instructed by Howard Kennedy LLP. Aidan Eardley KC acted for the Claimant, instructed by Laytons LLP.
