Cases

Peacock v MGN Ltd

Held

Dismissing the application for a costs cap:

(1) There was a risk of extravagance or disproportionate escalation of costs. This conclusion was reached by reference to the matter of the hourly rates charged by the Claimant’s solicitors and the proposal to instruct leading counsel. For the Defendant to find itself facing a liability for total costs of over £1 million case would be manifestly absurd given the straightforward facts in issue and the potential level of damages the Claimant might recover.

(2) There was no scope for controlling the risk of incurring disproportionate costs by case management directions or orders.

(3) There were no exceptional circumstances in this case and the issues of the reasonableness or otherwise of city hourly rates and of instructing leading counsel could be adequately addressed retrospectively on detailed assessment.

Also