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We reported last month on the so called 'Plebgate' case which is fast becoming a landmark costs management case. At the High Court, Andrew Mitchell MP's lawyer failed to file a costs budget and he therefore saw the cost of his libel action against The Sun restricted to the cost of the court fees for the claim.
The Court of Appeal is now set to hear the case, at an as yet unspecified date. Mr Justice MacDuff made the order to leapfrog the appeal against Master McCloud's decision regarding implementation of Lord Justice Jackson's costs regime.
The outcome of the appeal may well only be of limited assistance if the appeal focuses on the pilot scheme under which this case was proceeding. Of far more interest will be the senior judiciary's approach to the application of the new provisions in CPR3.9, namely relief from sanctions. This will be a test for their support for the new much tougher stance on non-compliance with the CPR.
This case will be heard by the Lord Justices appointed by Lord Dyson to hear Jackson appeals; those being Lord Dyson (Master of the Rolls), Lord Justice Jackson himself, Lord Justice Stephen Richards (the deputy head of civil justice), and Lord Justices Davis and Lewison.
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