i-law

Litigation Letter

Jackson on proportionality

Over the years three different tests have been applied to between-the-party costs – necessity, reasonableness, and proportionality, with necessity and reasonableness taking it in turn to be in the ascendant with only lip-service being paid to proportionality. It is like the old game of rock paper and scissors – which prevails over which? Sir Rupert Jackson in his Final Report unequivocally says that proportionality should now override over the other two.

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