Cornwall v Rowan (No 2)

In Cornwall v Rowan (No 2), the respondents sought the setting aside of orders made by the trial Judge in a defamation case. The trial Judge had ordered multiple defendants to pay damages and interest to the plaintiff. Some of the defendants were successful on appeal, leading to the issue of whether they could recover interest on the sum to be repaid. The principle of restitutio in integrum was considered, as well as the appropriate rate of interest applicable. Additionally, the court had to determine the costs of the trial and appeal, including whether unsuccessful defendants should bear the plaintiff's liability for costs of successful defendants. The case also addressed the situation where both successful and unsuccessful defendants were represented by the same solicitors and counsel, and the effect on the award of costs to a successful defendant of raising additional unsuccessful defences.

The court considered the legal issues surrounding the orders made by the trial Judge. The primary focus was on the orders for interest on the judgment, the costs of the trial and appeal, and any consequential orders. The court highlighted deficiencies in the orders and the failure to draw up and seal one of the orders as directed. The court examined the principle of restitutio in integrum and the appropriate rate of interest applicable to the sum to be repaid. Furthermore, the court addressed the issue of costs, including whether unsuccessful defendants should bear the plaintiff's liability for costs of successful defendants and the circumstances where a Bullock order may be appropriate. The court also considered the effect on the award of costs to a successful defendant of raising additional unsuccessful defences leading to greater attendance at trial.

The court's reasoning and outcome were based on the need to rectify the deficiencies in the orders made by the trial Judge and to ensure that the orders accurately reflected the reasons delivered. The court set aside the orders for interest on the judgment and ordered the sum to be repaid without interest. The court also made orders for the costs of the trial and appeal, considering the appropriate distribution of costs between successful and unsuccessful defendants. The court reduced the plaintiff's costs to reflect the failed claim of conspiracy and unsuccessful claims against some defendants. Additionally, the court did not award costs for attendances deemed unnecessary due to additional unsuccessful defences raised by the successful defendant.

The final orders included setting aside the orders for interest on the judgment and ordering the sum to be repaid without interest. The court also made orders for the costs of the trial and appeal, considering the appropriate distribution of costs between successful and unsuccessful defendants. The court reduced the plaintiff's costs to reflect the failed claim of conspiracy and unsuccessful claims against some defendants. Additionally, the court did not award costs for attendances deemed unnecessary due to additional unsuccessful defences raised by the successful defendant. The court's decision aimed to rectify the deficiencies in the orders made by the trial Judge and to ensure that the orders accurately reflected the reasons delivered.