News & Resources

Yentob v MGN Ltd

6th January 2016

Simon Browne QC successful as Court of Appeal upholds Part 36 Costs Order in Yentob v Mirror Group

Simon Browne QC successfully upheld the Part 36 costs order in favour of Alan Yentob in the Court of Appeal. Mr Justice Mann had made no order for costs after Mr Yentob was awarded £85,000 but failed to beat Mirror Group’s Part 36 offer. The justice of the case demanded that Mr Yentob was not to be penalised in costs.

The Court of Appeal considered the trial judge’s conclusion that the claimant’s failure to beat the defendant’s Part 36 offer nonetheless prevented the award of the usual adverse Part 36 costs consequences under CPR 36.17(3), with the result that he ordered ‘no order as to costs’. The judgment recognised that a reasonable rejection of a favourable Part 36 offer is not sufficient to evade those costs consequences-some further, implicit unjustness is required. In considering this the court is required to take into account all of the circumstances, which can include the terms and circumstances of the offer itself and, on the specific facts of this case, the likelihood of the defendant’s willingness to make a joint statement in open court under CPR 53

View External Link

Related Barristers

Simon Browne QC

Simon Browne QC
Year of Call: 1982
Year of Silk: 2011

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or