||All England Reporter
|| All ER (D) 288 (Jun)
|| EWHC 1489 (QB)
||Queen's Bench Division
||Ronald Thwaites QC and William Bennett (instructed by Carter-Ruck) for the claimant.
||Bernard Livesey QC and Sarah Palin (instructed by Foot Anstey) for the defendant.
||25 June 2007
Costs - Order for costs - Indemnity costs - Defamation - Power to award indemnity costs where defendant failing to beat claimant's Pt 36 offer - Whether judgment more advantageous than proposals contained in offer - Civil Procedure Rules (Amendment No 3) Rules 2006, SI 2006/3435, CPR 36.14.
Costs Order for costs. When determining the issue whether the judgment obtained was more advantageous to a claimant than the proposals contained in his Pt36 offer, or the broader question of who might be said to have won, it was necessary to take into account that there was a special characteristic of damages for defamation namely that such an award was supposed to take account of injury to reputation and hurt feelings down to the moment of the jury's verdict, or judgment if the trial was by judge alone.
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