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Message
From: Mark Underwoot
on behalf of —§ Mark Underwoor
Sent:
To:
ce:
Subject:
Jane MacLeod;
Hi Rod,
My view is that the business understands we are at risk for the other sides costs in this litigation and all of the related
hearings. As such, I do not believe anyone outside of this copy list needs to be involved. I will however flag it to Stuart
Nesbitt as we have done previously.
In terms of what we include in our statement of costs. I would not include the Grabiner advisory work - I cannot see us
being awarded costs for this hearing so do not see the upside of doing so - just criticism.
As an aside, previously it has been mentioned that Freeths have doubled their rates, specifically for this litigation - is that
true? If it is, have we considered airing this somehow?
Speak later
Mark
Mark Underwood
Portfolio Director: Legal, Risk & Governance
From: Rodric William
Sent: Monday, April 1, 2019 5:02 pm
To: Jane MacLeod; Mark Underwood:
Cc: Ben Foat
Subject: Recusal Application - Claimants’ Statement of Costs
Jane, Mark,
We have just received the Claimants’ Statement of Costs for the Recusal Application (copy attached). These are filed for
any substantive hearing, so that the Judge can decide whether costs should be awarded against a party and if so how
much once the Application has been heard.
The Claimants are claiming £315k. These looks frankly incredible given the limited time, documents and law involved in
the application, irrespective of how serious it is. That said, ours are likely to be at least comparable, and even higher
given Lord Grabiner’s fees.
The external team will work up points of challenge to these costs. They are also preparing our Statement of Costs, on
which they will need instructions before filing tomorrow, e.g. do we claim Lord Grabiner’s advisory work as well as his
appearance on the application itself.
Who needs to be sighted on this issue and involved in the decision making?
Rod
Rodric Williams
Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
Lond
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