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Earles v Barclays Bank plc; Merc 8 Oct 2009

References: [2009] EWHC 2500 (Mercantile), [2009] WLR (D) 309
Links: Times, Bailii, WLRD
Coram: Judge Simon Brown, QC
The claimant had lost his claim against the bank, but resisted the amount of costs claimed.
Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank should receive only 25% of its costs claim. The court suggested that the bank’s difficulty might have been avoided by active costs management.
As to documents held electronically, while there was no general obligation to retain such material, such an obligation did arise once proceedings were commenced.
Statutes: Civil Procedure Rules 31.4
This case cites:

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