header-logo header-logo

18 September 2013 / HH Judge Simon Brown KC
Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

How to avoid getting into serious trouble!

HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson

Civil litigation lawyers who have recently returned from their well-earned long vacation will have been stunned to read their LexisNexis alert about the “Plebgate” libel case involving Andrew Mitchell MP and News Group Newspapers.

At the case management conference (CMC) at the beginning of the long vacation, Master McCloud ruled that Mr Mitchell will only recover his court fees of £2,000 in costs from the defendants if he is successful in his £150,000 (maximum) libel action against them and will, therefore, have to bear his own lawyer’s costs of £500,000 leaving him (or perhaps them) £348,000 out of pocket.

This will, no doubt, strike experienced returnees as bizarrely unfair, but how did it happen? Quite simply, he and his solicitors had failed comply with the rules (CPR 3.13) and an order made about the filing his costs budget about costs budgeting.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll