Cases

Henry v BBC

Held

Declining to make a cost-capping order; (1) The case was a prime candidate for a costs capping order but the application was made too late and such an exercise is invariably prospective and not retrospective by nature. The purpose of an order is to enable the capped party to plan ahead the appropriate level of expenditure to bring the case to trial at a cost which is in line with the amount of the cap. (2) The costs capping jurisdiction should not be used in a way which would deny the Claimant the benefit of the CFA to which she is statutorily entitled. (3) A costs capping exercise is more suitable for a Costs Judge or a Costs Judge sitting with a QBD Judge.

Also