David Sherborne and Jeremy Reed (instructed by Taylor Hampton for the fourth claimant and Atkins Thomson ) for the eighth claimant; Matthew Nicklin QC (instructed by RPC LLP ) for the defendant.
The defendant was ordered to pay damages to the eight claimants for infringement of their privacy rights: see [2015] EWHC 1482 (Ch); [2015] WLR (D) 232. The fourth and eighth claimants applied for their costs of the action on the indemnity basis from the date on which they asserted that pre-trial offers of settlement ought to have been accepted. There was no dispute that they were entitled to their costs on the standard basis.
Applications refused. Whilst some unattractive conduct by the defendant had been identified, it was not at the required level of unreasonableness to merit awards of indemnity costs.