Red & White Services Limited v Phil Anslow Limited and anor [2018] EWHC 1699 (Ch.)



Judge: Birss J

Citation: [2018] EWHC 1699 (Ch.)

Costs Management and Costs Budgets – Rule 3.12ff

Summary:

Where the Court found that the claimants’ budgets were disproportionate and the defendant’s budget was too low, the Judge imposed his own figure and directed the parties to prepare revised budgets in accordance with that figure.

Longer Text:

In a case concerning competition law infringements, the Defendant submitted a budget for £288,000.  The Claimant and a third party submitted budgets of £1.5million each.  The Court found that the higher budgets were disproportionate and that the Defendant’s budget was too low.  The parties were required to approach budgeting realistically.  High budgets might not be approved and submitting low budgets as a tactic may backfire.  If the Court declined to make a Costs Management Order, that would be unhelpful and prolong uncertainty.  Accordingly, the Court imposed an overall figure for the Claimant and Third Party’s budgets of £800,000.  They were required to file revised budgets in accordance with that figure.

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