Richard v The British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1666 (Ch) (13 June 2017)

Richard v The British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1666 (Ch) (13 June 2017)

The court declined to make any comment on incurred costs due to limited information and risk of unfairly skewing later detailed assessment; found circumstances exceptional and lifted the cap on costs management costs; approved specific figures for witness statement, trial preparation, and trial phases as reasonable and proportionate.

Citation
[2017] EWHC 1666 (Ch)
Parties
Claimant: Sir Cliff Richard OBE; First Defendant: The British Broadcasting Corporation; Second Defendant: Chief Constable of South Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
13 June 2017
Procedural Posture
Costs Management Conference / Costs Budgeting and Proportionality Determination
Outcome
Court declined to comment on incurred costs, lifted cap on costs management costs, and approved specific figures for budget phases.
Legal Topics
Costs Management, Proportionality, Exceptional Circumstances, Budgeting, Practice Direction 3 E
Civil Procedure Costs Management Proportionality Exceptional Circumstances Budgeting Practice Direction 3 E

Case Brief

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Parties

Sir Cliff Richard OBE

Claimant

The British Broadcasting Corporation

First Defendant

Chief Constable of South Yorkshire Police

Second Defendant

Procedural Posture

Costs Management Conference / Costs Budgeting and Proportionality Determination

Legal Issues

  1. 1 Should the court make a comment on incurred costs?
  2. 2 Are the claimant's costs exceptional for the purposes of Practice Direction 3E para.7.2?
  3. 3 What are reasonable and proportionate costs for witness statement, trial preparation, and trial phases?

Ratio Decidendi

The court declined to make any comment on incurred costs due to limited information and risk of unfairly skewing later detailed assessment; found circumstances exceptional and lifted the cap on costs management costs; approved specific figures for witness statement, trial preparation, and trial phases as reasonable and proportionate.

Court Disposition

Court declined to comment on incurred costs, lifted cap on costs management costs, and approved specific figures for budget phases.

Orders

  • No comment to be made on incurred costs.
  • Cap on costs management costs lifted due to exceptional circumstances.