||All England Reporter
|| All ER (D) 149 (Nov)
|| EWHC 2503 (QB)
||Queen's Bench Division
||Richard Rampton QC and Jacob Dean (instructed by Carter Ruck) for the claimant.
||Andrew Caldecott QC and Catrin Evans (instructed by BBC Litigation) for the BBC.
||11 November 2005
Costs - Order for costs - Conditional fee agreement - Application for cost capping order - Whether requirement to disclose details of after the event insurance policy - Whether application too late.
It would be wrong to use the cost capping jurisdiction in a way which would deny a party the benefit of a CFA to which they were entitled. Moreover, where costs were running at high levels and a CFA with a substantial success fee was in place, the court was likely to be ready to intervene. It could not, however, intervene of its own motion. It was therefore up to the parties to keep themselves informed of their opponent's estimated costs, if necessary by making an application to the court for an order that an estimate be provided. Furthermore, the amount of cover and the existence of material exclusions in an ATE policy were of obvious relevance to the opposite party, who had to be in a position to make informed choices as to the conduct of the litigation.
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