Richard v The British Broadcasting Corporation (BBC) & Anor

Richard v The British Broadcasting Corporation (BBC) & Anor

The court declined to make any comment on the claimant’s incurred costs, finding that it could not form a meaningful view on reasonableness or proportionality based on the limited information available at the costs management stage. The court also found the circumstances exceptional and lifted the cap on costs for budget preparation and management.

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
Civil / Costs Management Conference
Outcome
Application for comment on incurred costs refused; cap on costs management preparation lifted; specific figures allowed for various litigation phases.
Legal Topics
Costs Management, Proportionality of Costs, Costs Budgeting, Exceptional Circumstances in Costs, Detailed Assessment
Civil Procedure Costs Management Proportionality of Costs Costs Budgeting Exceptional Circumstances in Costs Detailed Assessment

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

Civil / Costs Management Conference

Legal Issues

  1. 1 Whether the court should make a comment on the claimant’s incurred costs
  2. 2 Whether the claimant’s costs for budget preparation and management are exceptional so as to lift the cap
  3. 3 Assessment of reasonable and proportionate costs for various litigation phases

Ratio Decidendi

The court declined to make any comment on the claimant’s incurred costs, finding that it could not form a meaningful view on reasonableness or proportionality based on the limited information available at the costs management stage. The court also found the circumstances exceptional and lifted the cap on costs for budget preparation and management.

Court Disposition

Application for comment on incurred costs refused; cap on costs management preparation lifted; specific figures allowed for various litigation phases.

Orders

  • No comment to be made on claimant’s incurred costs.
  • Cap on costs management preparation lifted as circumstances are exceptional.