- ‘Cut-off’ dates and recovery of advertising costs in group litigation (Weaver v British Airways plc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Cut-off date
- Advertising costs
- Case details
Dispute Resolution analysis: Mr Justice Saini’s judgment considered two discrete issues, whether to extend the cut-off period for claimants to be able to join the group register which the parties had previously agreed by consent; and whether the claimants’ costs of advertising the claim were recoverable. Saini J confirmed that the decision of whether to impose, maintain or vary the cut-off date, was a pragmatic case management decision to be guided by the overriding objective. If the furtherance of the overriding objective would justify a variation, the previous agreement would not present a hurdle to varying the order. A balance would need to be struck between enabling access to justice for the claimants and BA having certainty of the claim they would face. In striking that balance a further two-month extension was ordered. Saini J confirmed, as per the decision of Motto v Trafigura that advertising costs were considered an overhead and not recoverable. Written by Mark Holloway, costs lawyer, at Paragon Costs Solutions.
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