Commenting on the Court of Appeal’s ruling today in BNM v MGN, Francis Kendall, vice-chairman of the Association of Costs Lawyers, says:
“The Court of Appeal has reached the sensible conclusion that retainers which began before LASPO came into force on 1 April 2013 should be subject to the rules that were in place at that time. Even now, four years on, it is a decision that will impact a significant number of cases.
“It is disappointing that the court chose not to give any guidance on the application of the new proportionality test, but we understand that three conjoined cases are set to come before the court shortly that will hopefully be a vehicle for such guidance. The disputes the continuing uncertainty is causing are not helpful and we urge the Court of Appeal to give the profession the strong steer it needs.”