25.03.2009Noorani v Calver (No 2 Costs)  EWHC 592 (QB)
Key issues: discontinuance, High Court, Indemnity Basis, party’s conduct
This case was concerned with the factors to be taken into account when deciding whether to award costs on the Standard basis or on the Indemnity basis, specifically the Parties’ pre-trial conduct and the nature of the claim.
The main action was a libel claim which the Claimant discontinued part-way through the trial.
The Defendant had previously made a Part 36 offer, which was rejected. The Court also held that the Claimant’s conduct, which was described as “unreasonable to a high degree” and “out of the norm”; and because it was considered that the claim itself was flawed. As a result, Indemnity costs were awarded.
19.03.2009R (Spiteri) v Basildon Crown Court  EWHC 665 (Admin)
Key issues: criminal, High Court, not guilty
The Claimant in this matter was a Defendant in a set of criminal proceedings.
On appeal from the Magistrates Court, he was found innocent of the charges, albeit on a technicality. In spite of this, the Crown Court refused to award him costs, stating that he had brought the charges upon himself by his conduct.
The Claimant applied for the Crown Court to state a case for its refusal of costs, but it refused to do so. This refusal was then the subject of a Judicial Review.
The High Court held that the Crown Court was wrong to refuse the state its case and that it was also wrong to refuse to award the Claimant his costs of the criminal proceedings because he was innocent.
As a result, he was awarded the costs of the original trial and the costs which related to the Judicial Review proceedings.
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