Wigg & Co - Proportionality and Sir Rupert Jackson's final report
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Sir Rupert Jackson Final Report says proportionality should now override necessity and reasonableness and that disproportionate costs do not become proportionate because they were necessary, see Paragraph 5.10. Under 5.11 the time has now come to say the guidance given by the Court of Appeal in Lownds -v- Home Office is not satisfactory and the Victorian test of necessity has no place in the modern concept of proportionality. Disproportionate costs should be disallowed in an assessment of costs on the Standard Basis and the rules should also provide that the fact that costs were necessarily incurred does not make them proportionate however he did add a footnote that the test of proportionality does not replace the requirements of the Court to consider the Bill in detail on an item to item basis.
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