BNM v MGN Ltd

Costs – Assessment. In costs proceedings, the former proportionality test in the old CPR 44.4(2) applied on a standard basis of assessment to a pre-commencement funding arrangement as defined in the current CPR 48. The Court of Appeal, Civil Division held that the judge had exercised his discretion wrongly in subjecting both the base cost and additional liabilities to the new proportionality rule. His decision and the costs certificate would be set aside.

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