Claimants v Corby Borough Council

Claimants v Corby Borough Council

Costs capping orders are appropriate in this group litigation to ensure costs are kept within bounds; caps should be set based on realistic estimates, with reductions reflecting excessive partner time and questionable increases, and a contingency allowance added.

Parties
Claimant: 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 Order Determination
Outcome
Costs capping orders granted for both parties up to the end of the Generic Issues trial.
Legal Topics
Costs Capping, Case Management, Conditional Fee Agreements
Civil Procedure Group Litigation Costs Capping Case Management Conditional Fee Agreements

Case Brief

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Parties

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 Order Determination

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
  3. 3 Application of costs caps to future costs only

Ratio Decidendi

Costs capping orders are appropriate in this group litigation to ensure costs are kept within bounds; caps should be set based on realistic estimates, with reductions reflecting excessive partner time and questionable increases, and a contingency allowance added.

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.