Kitcatt & Ors v MMS UK Holdings Ltd.; Publicis Groupe SA [2017] EWHC 786 (Comm)

Key areas: both parties win some issues; High Court

This was a ruling on costs and other issues arising from a main action.  The Claimants won on some issues against the First Defendant, but lost the claim against the Second Defendant.

The Defendants argued that they should only pay 50% of the Claimants’ costs and the Claimants should pay the Second Defendant’s costs.

The Court held that the claim against the Second Defendant did not make any difference to the overall costs as both Defendants used the same solicitors and only made a minimal increase to the overall trial.

The Defendant submitted that the Claimants’ costs should be reduced because they did not follow the relevant Pre-Action Protocol; made unfounded allegations of bad faith; served correspondence that gave a misleading impression case; and they changed their case.

The Court noted that the Claimants’ conduct increased the costs, but the Defendants did not try to settle the claim.

As a result, the Claimants were awarded 75% of their costs.

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