i-law

Litigation Letter

Defamation

KC v MGN Ltd [EWCA] Civ 3, [2013] All ER (D) 140 (Jan); NLJ 1 February p 108

If within the statutory procedure, following an appropriate apology, a claimant chose to reject a clear and unequivocal offer of damages, and thus incurred additional legal expense himself, and required the defendant to incur additional expense, the burden of what proves to have been unnecessary legal expense should normally fall on the claimant who had caused or incurred it.

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