Costs update – 5/9/2013
CASE LAW
CRM TRADING LTD v CHUBB ELECTRONIC SECURITY LTD (2013)
http://www.lawtel.com/MyLawtel/Documents/AC9401388
QBD (Merc) (Judge Mackie QC) 04/09/2013
CIVIL PROCEDURE – COSTS (LTL)
COSTS BUDGETS : VARIATION : CONTESTED COSTS BUDGET: APPROPRIATENESS OF REDUCING BUDGET
Whilst it was rare for costs budgets to be contested, and although the court had to be cautious about altering budgets, it was appropriate to reduce a claimant’s costs budget in some respects to better reflect the reality of its case as it had developed.
The court was required to determine whether the costs budget of the claimant (T) should be reduced for being disproportionate and/or unreasonable.
HELD: Whilst it was rare for costs budgets to be contested, and although the court had to be cautious about altering budgets, it was appropriate to make some downward revisions to T’s budget to reflect the realities of the case as it had developed. The court ordered T’s trial preparation and ADR costs to be reduced. However, since it was still unclear whether the trial would last two or three days, it was not appropriate to interfere with T’s budget for trial costs.
Judgment accordingly
Counsel:
For the claimant: David Walsh
For the defendant: Russell Stone
Solicitors:
For the claimant: Hill Dickinson
For the defendant: Kennedys
LTL 4/9/2013 EXTEMPORE
Document No.: AC9401388
