Source: All England Reporter
Publisher Citation: [2016] All ER (D) 58 (Sep)
Neutral Citation: [2016] EWHC 2297 (QB)
Court: Queen's Bench Division

Judge Richard Parkes QC

Representation David Mayall, instructed by Morton Law, for C.
  David Hirst, instructed by Pinder Reaux & Associates, for D.
Judgment Dates: 16 September 2016


Costs - Offers to settle - Refusal - Claimant obtaining interim relief from defendant following defendant's disclosure of confidential information belonging to claimant - Expert report confirming that claimant obtaining confidential information from Office of Information Commissioner - Office of Information Commissioner confirming that file being destroyed - Defendant successfully seeking strike out of claimant's claim - Whether costs should fall to claimant or defendant - Whether claimant should have accepted defendant's offer of undertaking plus claimant paying costs which court previously ordering defendant to pay - Whether defendant acting reasonably in rejecting claimant's later offer of permanent injunction plus discounted sum on account of its costs - CPR, 25.10.1, 31.22.

The Case

Costs Offers to settle. The Queen's Bench Division awarded the claimant three-quarters of its costs of the action, on a standard basis, where the case had been stayed before the issues had been determined at trial following the claimant's application for interim relief. Among other things, that application had followed the defendant's disclosure of highly confidential documents belonging to the claimant, which the defendant had obtained from the Office of the Information Commissioner (ICO).

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.