New costs rules: the heavy price of non-compliance — the real cost of ‘plebgate’

In a landmark ruling in Andrew Mitchell MP v News Group Newspapers Ltd, the Court of Appeal has given the first indication of how seriously the courts will take failures to comply with court rules and orders following the implementation of the new costs rules, the Jackson Reforms. The answer is: very seriously indeed.

In this case, the claimant’s failure to file a costs budget in time resulted in him being deprived of his opportunity to claim legal costs from the defendant. These costs were expected to be in excess of £500,000. The court made it clear that the decision was made in light of the importance of the new rules and the attempts to change the culture of litigation, and that the judges intended to send ‘a clear message’ to all litigants and their representatives…

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