A costs judge does not have any power to order discovery to be given: he does not have any power to override a right of privilege. But he has a duty if the respondent raises a relevant factual issue to require the claimant to prove the facts on which he relies. The claimant alone chooses what evidence and to what extent he will waive his privilege. The [costs judge] then has to decide the issue of facts on the evidence. In considering whether he is satisfied by the evidence, the [costs judge] will no doubt take into account that the claimant may have a legitimate interest in not disputing the most obvious or complete evidence and may prefer to rely on oral evidence rather than producing privileged legal documents. It must not be a sham or fanciful dispute.
Judges:
Hobhouse J
Citations:
[1985] 1 WLR 689
Jurisdiction:
England and Wales
Citing:
See Also – Pamplin v Express Newspapers Ltd (2) CA 1988
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before . .
Cited by:
Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
See Also – Pamplin v Express Newspapers Ltd (2) CA 1988
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before . .
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 28 May 2022; Ref: scu.182519
