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.