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Having delivered his judgement in Wave 1 of the phone hacking claims against the Mirror Group Newpapers, the Senior Costs Judge delivered a further judgment in the Wave 2 claims upon the test of proportionality and, in particular, how the value of the claim should be assessed and taken into account. Simon Browne QC represented the successful phone hacking victims in this landmark case.
The reader is referred to the preceding case of MGN Wave 1 proportionality. The parties were able to agree the reasonable individual base costs of 64 out of the 65 Wave 2 Claimants, the exception being Mr Jackson Scott, whose costs had previously been sent for detailed assessment before the Senior Costs Judge. They were also able to agree the reasonable and proportionate common costs in respect of each claim, being £7,716 (excluding VAT). The proportionate costs of all but ten Claimants in the Wave 2 litigation were agreed shortly prior to the hearing in question. The Senior Costs Judge was asked to determine the proportionate costs of the remaining ten claims. Simon Browne QC and David Sherborne appeared for the Claimants and George McDonald for the Defendant.
An article by Simon Browne QC on the Wave 2 judgement and the full transcript of the judgement of the Senior Costs Judge can be found here.