Cases

Musa King v Telegraph Group Ltd (Costs)

Held

(1) Success fees should not be included when considering proportionality under the 'global approach' basis; s.11.5 and 11.9 of the Costs PD were not wrong in law. (2) The Claimant's base costs, on the 'global approach' basis, appeared disproportionate, in particular bearing in mind the potential maximum level of recovery. It would therefore be necessary to apply the 'necessity' test on an item by item basis. (3) The risk assessments of both counsel and solicitors were reasonable and proportionate in accordance with the facts as known to them at the time. Given the risks of libel litigation, a 100% success fee was appropriate for the solicitors' CFA and 67% for counsel's (where the prospects of success had been estimated at 60%). (4) Backdating to include work done prior to the CFA was permissible, although a success fee on that work was not recoverable. (5) £325 per hour would be allowed for partner time.

Also