I have written several times about the judgment of Thirlwall LJ in Marsh -v- MOJ*. I have been provided with a copy of a note of the judgment on costs given on the 31st July 2017. I am grateful to barrister Andrew Roy for making his very detailed note available to me. (Andrew has an article on this...
Does it never occur to people within the legal profession that te costs in case like this are completely insane? How on earth can the recovery of £280,000 ever justify costs getting on for £2m?
I’m not specifically blaming either side – what any lay person would consider utterly absurd is the norm in the legal profession – but the judicial system should simply not allow a claimant to run up costs of anywhere near £!m in a case like this.
And Part 36 offers can be ignored with impunity when the other side is a public authority – after all it’s only the taxpayers’ money that’s being thrown away, and it’s hard to think of a better use of it than lining a lawyer’s pocket.
There has to be a far cheaper and more effective way of resolving issues like this.