The Senior Costs Judge, Master Gordon-Saker, has applied the new proportionality test introduced by the Jackson reforms in determining the costs to be awarded in a breach of privacy case. In doing so, he reduced the amount due to the claimant to approximately half of what he had previously deemed as reasonable on a line by line assessment.
One of the main issues in the case was whether the new test applies to additional liabilities as well as to base costs. The master held that it did but added that, contrary to the position under the old rules, the court is not required to consider these items separately.
He stated that it is clear that the new test was intended to bring about a real change in the assessment of costs, but nevertheless admitted that there is presently little guidance as to how it should be applied.
