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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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