Case

BNM -v- MGN Judgment, Court of Appeal Success for Claimant on the New Test of Proportionality

7th November 2017

Practice Areas

Costs

Instructed by Atkins Thomson, Simon Browne QC, leading James Laughland, succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new test of proportionality applies to still recoverable additional liabilities. The Court of Appeal has unanimously held that the saving and transitional provisions in CPR 48, combined with the more limited definition of “costs” applicable since 1 April 2013 (that now omits any reference to “additional liabilities”), together operated to preserve the former Costs Rules, with their attendant Practice Directions, to the assessment of costs that include additional liabilities.


Related Barristers


Simon Browne QC

Simon Browne QC
Year of Call: 1982
Year of Silk: 2011

James Laughland

James Laughland
Year of Call: 1991