Ordinary claims, Defamation claims, Group litigation, Public interest challenges
Costs capping
In Willis v Nicolson [2007] EWCA Civ 199, the Court of Appeal (assisted by the senior costs judge as assessor) dealt with an appeal in respect of an application for a costs cap in a personal injury claim. The claimant was a motorcyclist who had suffered extremely serious injuries in a road traffic accident. On a full liability basis, the value of the claim is likely to be at least £5 million; the total costs for the whole action were estimated by the claimant’s solicitors at £959,342.
Field J refused the defendant’s application for a costs cap, but in order to provide her with a measure of protection, he ordered that the claimant be held to his latest estimate.
The Court of Appeal (Buxton, Smith and Wilson LLJs) dismissed the appeal for the primary reasons that it was now too late to impose a costs cap and also because of the further costs that would be incurred by any capping process.
It was noted that there
