0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Victor Kermit Kiam II v MGM Limited, Court of Appeal, 12 February 2002

12 February 2002
The issues

Costs – Without Prejudice – costs consequences.

The facts

The party in whose favour an Order for costs had been made on Appeal sought the costs of that Appeal on an indemnity basis. The successful Respondent to the Appeal had won £105,000.00 in a libel action. They offered to accept without prejudice £75,000.00 when the Appellants appealed. That offer was ignored. The Respondents sought costs on an indemnity basis under Part 44.

The decision

1. In Reid Minty -v- Taylor, the Court of Appeal decided that conduct (falling short of miss-conduct) could be so unreasonable as to justify an Order against the guilty party on the indemnity basis. There is a distinction between an Indemnity Costs Order made under Part 36 and one made under Part 44. The latter was penal in nature.

2. To refuse a settlement offer would very rarely attract an Order for costs on an indemnity basis under Part 44.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up