It’s a part-heard detailed assessment and parts of the hearing were held in private but Buxton v MGN (Master Haworth, SCCO, 18 March 2010) provided more clear support to the notion that media defendants are having greater success this year in challenging claimant costs.

Firstly the decision on rates was, in the context of libel cases, indicative of downward pressure and a more robust approach to proportionality

Grade A £350, Grade B £220, Grade C £175 and Grade D £125 – all for work in 2009 on a case that settled for £30,000 damages.

Secondly, although the costs judge was reluctant to make a global Lownds decision at the outset (not being overly shocked by base costs of £62,692 – even for a case that settled inside 10 weeks of publication), by the time the detail was examined Master Haworth was persuaded that several items of the costs claimed were “grossly disproportionate”.

Earlier that week the same solicitors, Atkins Thomson, had settled another costs claim against MGN (arising from a privacy action) for virtually half the costs first claimed.

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