Cap on Defendant’s costs liability
Cap on Defendant’s costs liability
I agree with Mr Squires that parity between the parties is neither necessary nor fair in the present case. The cap on the Defendant’s costs liability should be higher than £70,000. In the interests of the efficient and focused progress of the litigation, the difference should be clear but moderate. I shall order a reciprocal cap on the Defendant’s costs liability of £100,000.
The court appreciates the hard work of the Claimants’ solicitors. The court is also grateful to the three members of the Claimants’ counsel team (all of whom appeared at a short procedural hearing). I have nevertheless concluded that the discount to their fees does not defeat the public interest in limiting the level of the Defendant’s cap to this amount.
To this extent, the Claimants’ cost capping application is allowed.
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