Hugh Tomlinson QC (instructed by Aughton Ainsworth ) for the claimant; Andrew Short QC (instructed by Devonshires Solicitors ) for the defendant.
This is a judgment on costs. The claimant accepted that the defendant trust’s offer was made in accordance with CPR Pt 36 but submitted that it would be unjust for the claimant to pay the whole of the trust’s costs from 11 January 2012 on the ground, inter alia, that the claim was not a money claim, but rather a successful vindication by the claimant of his right to free speech after an unjustified finding of gross misconduct.
In all the circumstances it would be unjust for the claimant to have to pay the trust’s costs of the proceedings from 11 January 2012. Justice would be served by making no order for costs.