Following judgment of various preliminary issues (see Weekly Update 01/16), costs in this case were reserved as a Part 36 offer had been made. However, Males J held that the claimant must in any event bear the following costs:
- The costs of preparation of the claimant's expert report. The expert had included a lengthy section in his report on a topic for which no permission had been given. The claimant had sought to argue that the costs order should be confined to the costs of preparing the particular section in question but the judge said that it was necessary to "mark the disapproval of the court" and that "a party who deliberately chooses for tactical reasons to adduce expert evidence for which in large part no permission has been given should bear the risk that, in appropriate circumstances, the costs of preparing such a report may be entirely disallowed".
- 80% of the costs of preparing the trial bundles. The claimant had produced 29 bundles dealing with individual claims and only one of these bundles was even opened during the trial. The contents added nothing to any understanding of the case. The judge commented that: "It is true that disclosure of the documents contained in these bundles had been ordered, but it does not follow that it was reasonable, let alone necessary, for these to be included in the trial bundles". However, the judge accepted that approximately 20% of the bundles would have been required in any event.