Henry v News Group Newspapers Ltd [2013] EWCA Civ 19, [2013] All ER (D) 192 (Jan)
Court of Appeal, Civil Division, Moore-Bick, Aikens and Black LJJ (sitting with Costs Judge Campbell as assessor), 28 Jan 2013
The Court of Appeal has given guidance as to when there might be good reason to depart from a costs budget prepared in accordance with Practice Direction 51D (the Defamation Proceedings Costs Management Scheme) (PD 51).
Simon Browne QC and Joanna Hughes (instructed by Taylor Hampton Solicitors Ltd) for the claimant. Alexander Hutton QC and Adam Wolanski (instructed by Reynolds Porter Chamberlain LLP) for the defendant.
The claimant brought proceedings for defamation against the defendant publisher. Those proceedings were eventually settled on payment of a substantial sum, a statement in open court and the publication of an apology in a prominent position in the paper. As part of the settlement, the defendant agreed to pay the claimant’s costs of the proceedings to be assessed on the standard basis if not agreed. A Tomlin order was made to give effect to the settlement. Costs budgets
