The potentially seismic Coventry v Lawrence costs challenge has been re-listed in the Supreme Court for 9-11 February next year.
The case, a nuisance claim valued at £74,000, racked up costs of more than £1m. However, the subsequent costs challenge on the basis that the recovery regime breaches a paying party’s Art 6 right to a fair trial could have a dramatic impact on the costs landscape.
The Supreme Court initially indicated that it might be appropriate to issue a declaration of incompatibility and that if the respondents wished to continue the costs challenge the case could be re-listed.
Opinion is divided as to the impact: it could make little difference as the recovery regime is no longer in place or it could mean £bns of additional liabilities imposed as part of a costs order can be recovered from the government.
Professor Dominic Regan told NLJ: “The view of every costs silk I have spoken to is that this point will go nowhere. We shall see.”
