The Supreme Court Costs Office

No.6 of 2006

Henry v BBC [2005] EWHC 2503 (QB); [2006] 3 Costs LR 412

11 November 2005

Gray J

The court refused to make a costs order capping the claimant’s costs in libel proceedings where the application had been made only six weeks before trial. Whilst this was a “prime” case for a costs cap, the BBC had left the application too late. The Judge also rejected the claimant’s submission that the ATE policy was privileged as being “utterly misconceived”.