header-logo header-logo

18 September 2013
Issue: 7576 / Categories: Legal News
printer mail-detail

“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
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll