“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”
WLR Daily, 10th November 2008
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.