Blog - Thursday 8 August 2013

‘Plebgate’ – The Budgeting Aspect

Remember that lovely man Andrew Mitchell MP who admits telling the Police to “f*ck off”, but took umbrage at claims that he used the word “pleb”?  He is now famous (at least in the legal world) for different reasons, costs budgeting.

His solicitors failed to file and serve a budget within 7 days of the first CMC, contrary to CPR 3.13. Mitchell’s solicitors applied for relief from sanctions to Master McCloud who delivered the most savage message yet to the legal industry, a BUDGET COMPRISING ONLY OF COURT FEES, plus damages limited to £150,000.

I am told that Mr Mitchell intends to appeal to the Court of Appeal.  The five judges specifically tasked with upholding the Jackson reforms and new CPR 3.9?  Oh yes – Jackson, Dyson, Richards, Davis and Lewison.  I don’t fancy his chances.  

What chance of the case turning from a libel claim, into a professional negligence claim over the failure to file a budget more than 7 days before the first CMC?