Sotheby's v Mark Weiss Ltd & Ors [2017] EWHC 3789 (Comm) (23 November 2017)

Sotheby's v Mark Weiss Ltd & Ors [2017] EWHC 3789 (Comm) (23 November 2017)

Costs budgets for each litigation phase were scrutinised for reasonableness and proportionality; excessive budgets were not approved or capped. The court capped recoverable CMC costs at £125,000 per party, rejected excessive expert evidence and trial preparation costs, and approved revised budgets where justified.

Citation
[2017] EWHC 3789 (Comm)
Parties
Claimant: Sotheby's; First Defendant: Mark Weiss Limited; Second Defendant: Fairlight Art Ventures Ltd; Third Defendant: Mark Adrian F. Weiss
Jurisdiction
England and Wales
Judgment Date
23 November 2017
Procedural Posture
Commercial Court Costs Management / Costs Management Conference (cmc) and Approval of Costs Budgets
Outcome
Costs budgets approved in part; excessive budgets not approved; CMC costs capped.
Legal Topics
Costs Budgeting, Costs Management Orders, Disclosure, Expert Evidence, Trial Preparation
Civil Procedure Commercial Law Costs Budgeting Costs Management Orders Disclosure Expert Evidence Trial Preparation

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Parties

Sotheby's

Claimant

Mark Weiss Limited

First Defendant

Fairlight Art Ventures Ltd

Second Defendant

Mark Adrian F. Weiss

Third Defendant

Procedural Posture

Commercial Court Costs Management / Costs Management Conference (cmc) and Approval of Costs Budgets

Legal Issues

  1. 1 Approval of costs budgets for various litigation phases
  2. 2 Reasonableness and proportionality of costs
  3. 3 Capping recoverable costs for CMC phase

Ratio Decidendi

Costs budgets for each litigation phase were scrutinised for reasonableness and proportionality; excessive budgets were not approved or capped. The court capped recoverable CMC costs at £125,000 per party, rejected excessive expert evidence and trial preparation costs, and approved revised budgets where justified.

Court Disposition

Costs budgets approved in part; excessive budgets not approved; CMC costs capped.

Orders

  • Final revised costs budgets to be prepared and filed by all parties.
  • CMC costs capped at £125,000 recoverable per party after assessment.