Parties had fought each other in wide ranging litigation. The claimant found covert surveillance devices in his home, and discovered evidence that the defendant may have information as to who had placed them. Earlier orders had been made for the disclosure of some information. The party opposing the claimant in the ongoing litigation then applied for these proceedings to be anonymised, and the claimant for the so far private applications to be published. The parties agreed on a way forward and now sought a consent order restricting publication, and as to costs.
Held: The court discussed the status of interim orders made at private hearings. Under CPR interim applications may be heard in private where made without notice and where it would be unjust to the respondent to allow publicity where he has not had opportunity to respond. The claimant said that the arrangement had been agreed to only when it became clear that the costs of this incidental litigation had become disproportionate. Though the interveners had in effect been successful in that the orders had remained private, considerations of open justice had been sufficient to justify the claimant’s attempts to bring the issue back before the courts. The litigation had been substantial, and the amounts involved reflected that, but the correct order was to make no order as to costs.
Tugendhat J
[2011] EWHC 3092 (QB)
Bailii
Civil Procedure Rules 44
England and Wales
Citing:
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc CA 12-Feb-1998
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .
Cited – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Costs
Updated: 12 January 2022; Ref: scu.449398