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The Senior Costs Judge delivered am important judgment as to the application of the test of proportionality and how its constituent elements should be applied. Simon Browne QC represented the successful phone hacking victims against Mirror Group Newspapers in this landmark case.
The parties were able to agree the reasonable base costs, and reasonable and proportionate common costs of every Claimant in the Wave 1 litigation. They were also able to agree the proportionate costs of all but 10 Claimants in the Wave 1 litigation. In his judgment dated 1 June 2018 the Senior Costs Judge held that the agreed reasonable costs of the remaining 10 Claimants were also proportionate. These were claims brought against the Defendant newspaper for damages and other relief in respect of breach of privacy through phone hacking and blagging over a period of many years. Of the 10 claims, two has been Representative Claimants whose claims went to trial. The remaining eight Claimants has settled prior to trial, between service of Particulars of Claim and service of the Defence. The court was asked to consider whether the reasonable individual agreed costs were also proportionate. Simon Browne QC represented the Claimants and Jamie Carpenter for the Defendant.
An article by Simon Browne QC on the judgement and the full transcript of the judgement of the Senior Costs Judge can be found here.