Getting to grips with proportionality and additional liabilities – Litigation Futures

Posted February 22nd, 2017 in costs, news, practice directions, proportionality by sally

‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:

“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…

“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’

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Litigation Futures, 22nd February 2017