An appeal by law firm Mishcon de Reya against the grant of relief from sanctions to their opponents in a case originating in a dispute over the sale of shares in Queen’s Park Rangers football club has failed. Lady Justice Gloster dismissed the appeal, in Mishcon de Reya v Caliendo [2015] EWCA Civ 1029, this week. Mishcon de Reya argued that law firm DLA Piper should not have been granted relief when they gave late notice of their funding arrangements after taking over representation of the claimants. The judge, Mr Justice Hildyard, had concluded that there was no material breach to Mishcon’s conduct of the case.
Gloster LJ dismissed Mishcon’s arguments that Hildyard J had given insufficient weight to evidence that granting relief could increase the costs of the proceedings by £1.43m since the after the event premium and success fees could not be recovered from the losing side, and said the court should look at the effect of the breach not the consequence of granting relief.
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