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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll