header-logo header-logo

How to avoid getting into serious trouble!

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll