Simon Brown QC presents a reduced guide to the recent history of the P word
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Philosophically, it is “an open-textured concept”—a “porous” one (Wittgenstein and Waismann) (Chap 3; para 5.3 of Jackson Review).
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Historically, it is something “not extravagant” in relation to sums in issue and complexity of case. (Evershed Report 1953)
- Jurisprudentially, it has emerged from Europe since 1957: “Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties” (Para 4 of Art 5 of the Treaty of European Union).
- Regulatorally, it became enshrined post-Woolf in the overriding objective of the Civil Procedure Rules under CPR 1.1 (2) (c) as “dealing with cases in ways which proportionate to: (i) the amount of money involved; (ii) to the importance of the case; (iii) to the complexity of the case; and (iv) to the financial position of each party”, ie costs in relation to four factors.
- Judicially, it was expressed by my predecessor, Judge Alton
