||All England Reporter
|| All ER (D) 400 (May)
|| EWHC 1242 (Ch)
||Benet Brandreth (instructed by Field Fisher Waterhouse) for the claimant.
||Charlotte May (instructed by DLA Piper Rudnick Gray Cary) for the defendants.
||26 May 2006
Costs - Conditional fee agreement - Order for costs - Claimant bringing action for passing off - Claimant entering into conditional fee agreement without after the event insurance - Defendant seeking costs-capping order against the claimant - Whether order should be granted.
By itself, a conditional fee agreement with a large mark up and with no after the event insurance cover was not enough to justify costs-capping at that stage. Applying existing authority, in order to justify a costs-capping order it was necessary to go further and establish: (1) the risk of excessive or extravagant expenditure and; (2) that such risk of expenditure could not be controlled by case management techniques or post-trial detailed assessments.
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