Evidence overkill!

Posted: 12th September 2017

BundlesThe general rule with regard to legal costs in litigation is that the winner's legal fees are paid by the loser.

However, the High Court has now warned litigators excessive trial bundles are unnecessary and counter-productive.  

In one recent case, a judge who thought that the claimant's firm, Bond Dickinson LLP, had gone too far by producing 2,000 pages of 'largely irrelevant' evidence produced a scathing commentary.

This included that 'the practices that were followed in this case, and regrettably sometimes in others, are not acceptable.'

The judge also took the opportunity to gently reminder litigators that the court has wide case management powers which include the ability to vary costs orders.

Bond Dickinson LLP whose conduct was criticised actually won the case. Where they will stand on the assessment of costs remains to be seen.