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18 September 2013
Issue: 7576 / Categories: Legal News
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“Plebgate” is a “harsh” warning

Senior costs lawyer predicts Court of Appeal to take hard line on budget sanctions

The Court of Appeal is likely to take a “hard line” on budget sanctions in the “Plebgate” costs case despite two recent cases granting relief, a senior costs lawyer has predicted.

Master McCloud capped the claimant’s costs at the minimum court fees as a penalty for failing to comply with new costs budgeting rules in time, in Mitchell v News Group Newspapers [2013] EWHC 2355 (QB). 

This left former Cabinet Minister Andrew Mitchell’s legal team drastically short on costs recovery after they sued The Sun for its coverage of Mitchell’s controversial bike ride through Downing Street, over which there was public speculation as to what he may have said to the police officer guarding the gate.

Master McCloud dismissed Mitchell’s lawyers’ excuses, stating “such explanations carry even less weight in the post-Jackson environment”.

Writing for NLJ this week, Murray Heining, chairman of the Association of Costs Lawyers, says: “While I am in favour of a stricter use of sanctions, here the restriction on the budget looks harsh and disproportionate, presenting the defendant with a potentially huge windfall. 

“But what it also demonstrates is that solicitors cannot afford to leave budgeting until the CMC is upon them. They need to bring in expert costs lawyers from the outset and ensure they are part of the litigation team as the matter proceeds.” 

 

Issue: 7576 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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