In Kazakhstan Kagazy PLC -v- Baglan Abdullayevich Zhunus [2015] EWHC 404 (Comm) Mr Justice Leggatt makes important observations about costs; the basis for assessing costs in "big money" cases (if not all cases) and interim costs in a case where the defendants' costs of two day application tcame...
It’s disgraceful that English litigants are going to have to pay absurdly inflated court fees in order to pay for a legal system that allows foreign litigants such as these to litigate these massive claims in English courts effectively free of charge.
Such litigants should be required to pay court fees that reflect not only the value of the claim and the cost of providing a High Court service but also an additional element to subsidise English litigants who don’t have hundreds of thousands of pounds to waste on a two day hearing.
I realise that such a suggestion would be anathema to the lawyers who parasitically feed off these awful people, but for once they will have to sublimate their own greed to the common weal.
Perhaps the answer is to set the court fee for each party at the same level as their leading Counsel’s fee – by definition that must be reasonable, mustn’t it!
In fact, I’ve had an even better idea. The receiving party should have to pay a sum equivalent to 10% of the difference between the amount of costs claimed and the amount assessed.
So if they claim £200,000 and are awarded £100,000 they would have to pay a sum of £10,000 by way of a contribution to the costs of running the legal system (or even better, the payment should be made to a fund for the assistance of worthy but indigent litigants, provisionally entitled the “Legal Aid Fund”).