Evidence Overkill Incurs Judge’s Wrath

The general rule with regard to legal costs in litigation is that the winner’s legal fees are paid by the loser. However, in a recent case a judge who thought that a firm had gone too far by producing 2,000 pages of ‘largely irrelevant’ evidence produced a scathing commentary, including the comment that ‘the practices that were followed in this case, and regrettably sometimes in others, are not acceptable’, and made reference to the wide powers the court has, which include the ability to vary costs orders.

The firm whose conduct was criticised actually won the case. Where they will stand on the assessment of costs remains to be seen, however.

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