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Re: Banks Must Change their Culture yet again Barclays "culture" re court costs 2009
http://swarb.co.uk/earles-v-barclays...rc-8-oct-2009/
Earles -v- Barclays Bank plc; Merc 8-Oct-2009
The claimant had lost his claim against the bank, but resisted the amount of costs claimed.
Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank should receive only 25% of its costs claim. The court suggested that the bank’s difficulty might have been avoided by active costs management.As to documents held electronically, while there was no general obligation to retain such material, such an obligation did arise once proceedings were commenced.
Court: Merc
Date: 08-Oct-2009
Judges: Judge Simon Brown, QC
Statutes: Civil Procedure Rules 31.4
http://swarb.co.uk/earles-v-barclays...rc-8-oct-2009/
Earles -v- Barclays Bank plc; Merc 8-Oct-2009
The claimant had lost his claim against the bank, but resisted the amount of costs claimed.
Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank should receive only 25% of its costs claim. The court suggested that the bank’s difficulty might have been avoided by active costs management.As to documents held electronically, while there was no general obligation to retain such material, such an obligation did arise once proceedings were commenced.
Court: Merc
Date: 08-Oct-2009
Judges: Judge Simon Brown, QC
Statutes: Civil Procedure Rules 31.4
TML, Money Partners, Kensington - are they all part of the same company? Who else is in the 'family'?
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