Cases

Matadeen v Associated Newspapers Ltd

Held

Granting the application, referring the case to the Senior Costs judge for the cap to be determined and deferring directions to trial in the meantime: (1) There is no good reason not to bring the application before the Master; (2) the fact of a CFA creates a provisional inference of impecuniosity; (3) extravagance in any subjective sense is not a necessary condition of making such an Order; (4) the need for vindication may well induce a more liberal approach to any assessment of the Claimant’s costs, but not an approach so liberal as to ratify costs on such a ‘giant’ scale; (6) this was precisely the kind of case in which a costs-capping Order is appropriate.

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