BNM v MGN Appeal
Despite initially being fast tracked and being leapfrogged to the Court of Appeal for an expedited hearing, the appeal has now been adjourned until October 2017.
This is somewhat surprising given the pressing need for practitioners to obtain some clarity regarding the issue of proportionality. Originally the appeal had been listed for a one-day hearing. No reasons have been given for the adjournment at present.
This means the three main issues in this case remain outstanding:
– Does the new test of proportionality apply to additional liabilities?
– If it does, should it be applied to additional liabilities separately, rather than on a global basis?
– Were the costs allowed on a line-by-line Detailed Assessment disproportionate?
We will update you on any further developments.