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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll