Claimants v Corby Borough Council [2008] EWHC 619 (TCC) (01 April 2008)

Claimants v Corby Borough Council [2008] EWHC 619 (TCC) (01 April 2008)

Costs capping orders are justified in group litigation to ensure costs remain proportionate and manageable; caps should be set based on realistic estimates, with reductions reflecting concerns about partner time and excessive estimates, and a contingency allowance for unforeseen costs.

Citation
[2008] EWHC 619 (TCC)
Parties
Claimant: The Claimants appearing in the Register of Claimants established by the Order of Master Turner dated 4th February 2006; Defendant: Corby Borough Council
Jurisdiction
England and Wales
Judgment Date
01 April 2008
Procedural Posture
Group Litigation / Costs Capping Application Prior to Trial of Generic Issues
Outcome
Costs capping orders granted for both parties up to the end of the Generic Issues trial.
Legal Topics
Costs Capping, Group Litigation, Negligence, Case Management
Civil Procedure Tort Law Costs Capping Group Litigation Negligence Case Management

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Parties

The Claimants appearing in the Register of Claimants established by the Order of Master Turner dated 4th February 2006

Claimant

Corby Borough Council

Defendant

Procedural Posture

Group Litigation / Costs Capping Application Prior to Trial of Generic Issues

Legal Issues

  1. 1 Whether costs capping orders should be imposed and at what level in group litigation
  2. 2 Appropriate methodology for setting costs caps in complex litigation

Ratio Decidendi

Costs capping orders are justified in group litigation to ensure costs remain proportionate and manageable; caps should be set based on realistic estimates, with reductions reflecting concerns about partner time and excessive estimates, and a contingency allowance for unforeseen costs.

Court Disposition

Costs capping orders granted for both parties up to the end of the Generic Issues trial.

Orders

  • Claimants' costs capped at £900,000 inclusive of VAT.
  • Defendant's costs capped at £1,250,000 exclusive of VAT.