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The Unpredictabity of Litigation - Costs Do Not Folllow Event

Posted: Friday, 4 January 2019 @ 13:43

There has been further fall out from the hacking trial with Rebekah Brooks’s husband Charlie Brooks faling in his costs application for recovery of costs despite being found not guilty.  He lost his attempt to recover the £600,000 in legal fees he incurred as a result of being a co-defendant in the phone-hacking trial.

Mr Justice Saunders also ruled on Wednesday that he was rejecting the application for costs by the News of the World’s former managing editor, Stuart Kuttner.  The judge pointed out he was “satisfied that the defendants’ conduct brought suspicion on themselves and misled the prosecution into thinking that the case against them was stronger than it was”.

I do have a measure of sympathy for the defendants here as they "won" but it is worth pointing out that even if you have been found not guilty and have a costs award made in your favour it is unlikely that you will get all of your costs paid. Indeed, the presumption is you will not.


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