The claimant, who advised in the preparation of wills, claimed in defamation against the defendant solicitors saying in a letter to another firm of solicitors that he had admitted negligence. There had been a ruling that the occasion had qualified privilege. The claimant had tried to assert malice. He eventually sought to be allowed to withdraw by accepting an earlier offer, but still asserted malice.
Held: In view of the threat there was no continuing offer capable of acceptance. He had conducted the litigation unreasonably, and costs were awarded on an indemnity basis.
Eady J
[2009] EWHC 122 (QB)
Bailii
England and Wales
Citing:
Cited – Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm) CA 12-Jun-2002
The court was asked as to when it is appropriate to order costs on an indemnity basis. Waller LJ said: ‘The question will always be: is there something in the conduct of the action or the circumstances of the case which takes the case out of the . .
Cited – McKenna v MGN Ltd QBD 16-Jul-2007
Eady J considered the consequences in costs of a claimant’s assertion of malice in a failed defamation case: ‘There are numerous examples of libel actions in which the fact that malice has been pleaded causes delay and increased cost out of all . .
Lists of cited by and citing cases may be incomplete.
Defamation, Costs
Updated: 01 November 2021; Ref: scu.280258