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18 September 2013
Issue: 7576 / Categories: Legal News
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“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
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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