Conclusions
Conclusions
In conclusion we have, like Constable J and Senior Costs Judge Gordon-Saker, often considered that the defendants’ offered figures for the claimants’ costs are broadly correct. Though on some occasions we have considered both the defendants’ offered figures, and their own budgeted figures still to stray considerably on the side of generosity. In respect of the claimants’ budgets, it is plain that the largest reductions stem from the layers of representation leading to, for example, claims for individual, non-lead firms to audit or replicate work already being done by the Lead firms.
In summary, we have allowed the following amounts for the phases we have approved:
Tranche 3
Claimants
• Claimed at £55,731,549.35 in total
• Claimed at £41,476,780.33 excluding Expert Reports
• Allowed at £21,024,850.01
Defendants
• Claimed at £75,779,828.07 in total
• Claimed at £62,722,373.79 excluding Expert Reports
• Allowed at £48,058,002.04
Second General
Claimants
• Claimed at £19,776,700.50 in total
• Claimed at £8,772,412.00 excluding ADR
• Allowed at £1,430,000.00
Defendants
• Claimed at £3,557,144.35 in total
• Claimed at £1,666,813.05 excluding ADR
• Allowed at £1,319,114.70.
APPENDIX 1
Representation
Claimants
Benjamin Williams KC
Kevin Latham
Theo Barclay
Simon Teasdale
Defendants
Mercedes
Jamie Carpenter KC,
Imran Benson
Ford
Nicola Greaney KC,
Matthew Waszak
Renault
Stephen Bailey
Nissan
Shaman Kapoor
Nissan dealers
Rebecca Keating (by way of written submissions only)
PCD
Andrew Lyons
BMW
Martyn Griffiths
FCA
Andrew Lyons
Hyundai-Kia
Martyn Griffiths
JLR
Daniel Laking
Porsche
Nicholas Bacon KC
Suzuki
Nicholas Bacon KC
Toyota
Sophie Weber
Vauxhall
Andrew Lyons
Volvo
Paul Hughes
VW
Nicholas Bacon KC, Thomas Evans
- Heading
- Mrs Justice Cockerill DBE and Senior Costs Judge Rowley
- Background
- Lessons learned from the first CMH
- Stress testing “over lawyering”
- The comparison with Tranche 2
- Standard figures or a range of reasonable and proportionate costs?
- Claimants’ budgets generally: Lead Firms & Others
- Defendants’ budgets generally: Amount of costs actually being incurred
- CMCs and PTR
- Co-ordination
- Defendants
- Section 13
- Defendants
- Selecting Sample Claimants
- Defendants
- Individual Statements of Case
- Defendants
- Disclosure
- Defendants
- Witness statements
- Defendants
- Defendants
- Quantum Trial Preparation
- Defendants
- Quantum Trial
- Defendants
- Second General Phases – GLO Management Costs
- Second General Phases: Fortnightly Meetings
- The non-budgeted phases: Expert Reports and ADR / Settlement
- Conclusions
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