Hibbert v Hall

A conspiracy theorist and former TV producer, Richard Hall, has been ordered to pay £45,000 in damages to claimant Martin Hibbert and his daughter, Eve.

Martin Hibbert and his daughter sued Richard Hall for harassment following his claims that the Manchester Arena bombing was staged. The attack in which Salman Abedi detonated a bomb at the end of an Ariana Grande concert left Mr Hibbert with a spinal cord injury and left Ms Hibbert suffering from severe brain damage.

During the trial, Hall told the court that his actions were in the public interest, such as taking videos of Eve outside her home, stating that millions of people across the country had ‘bought a lie’ about the attack.

In her ruling, Mrs Justice Steyn refused to award aggravated damages despite describing Hall’s claims as “preposterous and untrue.” However, she acknowledged that Hall may still genuinely believe in his account.

Noting the prolonged nature of the harassment and the vulnerability of both the father and daughter involved, the judge issued an injunction to prevent further harassment and required Hall to cover 90% of the Hibberts’ legal costs.

Cost implications moving forward

The cost implications following the November 2024 ruling in Hibbert v Hall are significant for similar harassment cases.

The court’s decision to order Richard Hall to pay 90% of the Hibberts’ legal costs highlights how courts can take a strict approach to cost recovery, particularly in cases involving harassment and unsubstantiated claims.

This ruling serves as a deterrent to others who might engage in prolonged harassment, especially under the guise of conspiracy theories.

Kerry Gillespie, of Hudgell Solicitors, said “Martin and Eve have set a precedent which will hopefully see more people who engage in this sort of behaviour challenged”.

It reinforces that defendants could face substantial financial repercussions, even if aggravated damages are not awarded, especially when their conduct exacerbates the distress of vulnerable individuals.

Understanding the role of conduct in cost orders

In cases like Hibbert v Hall, the defendant’s conduct played a crucial role in the court’s decision to award costs. Courts have discretion when determining costs, and they consider whether a party’s behaviour throughout the litigation was unreasonable or abusive.

The general principle pursuant to CPR 44.2(2)(a) is that “the unsuccessful party will be ordered to pay the costs of the successful party”. Hall’s insistence on pursuing a defence based on unfounded conspiracy theories and harassment likely influenced the court’s decision to order him to pay 90% of the Hibberts’ costs, indicating that the majority of the Defence was considered unsustainable. 

Additionally, the Hibbert v Hall decision emphasises the growing willingness of courts to penalise defendants who misuse the judicial process for unfounded claims.

By imposing a substantial costs order, the court sent a clear message about the consequences of prolonging litigation without legitimate grounds.

Legal costs can often be a deterrent for victims seeking justice, but this ruling could encourage more individuals to pursue claims, knowing that courts are prepared to hold defendants accountable for their actions and the associated legal expenses.

How can ARC Costs Assist?

ARC Costs are an experienced and independent team of specialised Costs Draftsmen and Costs Lawyers. We can assist both paying and receiving parties in resolving costs disputes, and we are adept at preparing Costs Budgets and Bill of Costs for receiving parties, as well as providing legal costs negotiations services and preparing Points of Reply.

For paying parties, we are adept at preparing Points of Dispute, and ensuring that a proportionate level of costs is recovered. Proportionality is a subjective issue, and it is therefore important you have the right legal costs representative on your side during detailed assessment to ensure you make the most persuasive submissions on the issue.  

If you would like more information on any of our services or wish to speak to a member of our costs team about your case then please do not hesitate to contact us. Please call us at 01204 397302, or email one of our costs experts direct on info@arccosts.co.uk.

Follow Us