Cases

Henry v BBC

Comment

This case emphasises the importance of up-to-date estimates of costs. Gray J pointed out that the proper thing to do where a party refuses to provide such an estimate is apply for one under Paragraph 6.3 of the Costs Practice Direction (supplementing Part 26). A recent amendment to CPR 3.1 gives the Court an additional power to 'order any party to file and serve an estimate of costs.' Taking such a course can prevent costs spiralling unaccountably. Courts will not intervene of their own accord. The Judge also observed: (1) The Claimant should have informed the Defendant far sooner about the escalating costs, especially in view of the existence of a CFA; and (2) The Defendant had a legitimate interest in knowing the extent of the protection afforded by the ATE insurance policy and was therefore entitled to a copy.

Areas of work

Defamation
Media Law

Also