Sotheby's v Mark Weiss Ltd & Ors

Sotheby's v Mark Weiss Ltd & Ors

The court approved or required revision of costs budgets for each litigation phase, capped recoverable costs for the CMC phase at £125,000 per party, and directed parties to submit revised budgets where figures were found excessive or disproportionate.

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 Civil Claim / Costs and Case Management Conference (cmc) With Costs Budgeting Orders
Outcome
Costs budgets approved or revised; CMC costs capped; directions for revised budgets and trial listing given.
Legal Topics
Costs Budgeting, Case Management, Costs Capping, Disclosure, Expert Evidence
Civil Procedure Costs Management Costs Budgeting Case Management Costs Capping Disclosure Expert Evidence

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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 Civil Claim / Costs and Case Management Conference (cmc) With Costs Budgeting Orders

Legal Issues

  1. 1 Approval of costs budgets for each litigation phase
  2. 2 Reasonableness and proportionality of costs incurred and budgeted
  3. 3 Appropriateness of capping recoverable costs for the CMC phase

Ratio Decidendi

The court approved or required revision of costs budgets for each litigation phase, capped recoverable costs for the CMC phase at £125,000 per party, and directed parties to submit revised budgets where figures were found excessive or disproportionate.

Court Disposition

Costs budgets approved or revised; CMC costs capped; directions for revised budgets and trial listing given.

Orders

  • All parties to prepare and file final revised costs budgets for approval.
  • Costs incurred to date not agreed or approved by the court.