Costs protection

Weir and others v The Secretary of State for Transport ChD LTL 21 April

The first claimant, a member of the Railtrack Private Shareholders Action Group had commenced proceedings against the Secretary of State alleging misfeasance in public office and breach of the European Convention on Human Rights. He applied for an order capping the claimant’s potential liability for the defendant’s costs up to and including the trial on liability at £1.35m. The Secretary of State was prepared to cap costs at £2. 5m if such sum were paid into court or into a solicitor’s account.