Mitchell's Half-a-Million Libel Legal Debacle

sherborne

Tomorrow we will get the judgement in a bizarre legal mess up between Andrew Mitchell’s solicitors and his celebrity barrister David Sherborne.  Due to a cock-up Mitchell’s solicitors failed to file their costs and so under the tightened rules will be punished. In front of Master McCloud there was a lot of legal buck passing last Thursday. As a result even if he wins the Plebgate libel case it is likely Mitchell will not be able to claim for his costs which are running at some £500,000.

sun-plebgate

Damages in his Plebgate libel case are capped at £150,000, so if Mitchell loses his case he could have to pay The Sun’s costs of some £600,000 and his costs of £500,000 – a whopping total of £1.1 million will be divided between him and his solicitors who were acting under a Conditional Fee Arrangement (CFA). Ouch!

M’learned friends speculate that Mitchell and his solicitors could end up falling out and suing each other. If the judgement tomorrow goes against Mitchell, his solicitors are likely to appeal meaning the underlying case will be delayed for months.

With the delay Mitchell’s hopes of returning to government in the next reshuffle will come to naught while the case is ongoing…

UPDATE: Mitchell’s lawyers Atkins Thomson, who screwed up the costs claim, have got in touch to say they and Sherborne share the risk of their own costs if Mitchell’s case fails. They also point out the obvious fact that The Sun’s costs are only payable if they lose and they are insured – though m’learned friends tell me the insurance probably won’t cover the whole amount. They also say they won’t fall out with their client…




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Quote of the Day

David Cowling, the BBC’s head of political research, in an internal memo…

“It seems to me that the London bubble has to burst if there is to be any prospect of addressing the issues that have brought us to our current situation. There are many millions of people in the UK who do not enthuse about diversity and do not embrace metropolitan values yet do not consider themselves lesser human beings for all that. Until their values and opinions are acknowledged and respected, rather than ignored and despised, our present discord will persist. Because these discontents run very wide and very deep and the metropolitan political class, confronted by them, seems completely bewildered and at a loss about how to respond (“who are these ghastly people and where do they come from?” doesn’t really hack it). The 2016 EU referendum has witnessed the cashing in of some very bitter bankable grudges but I believe that, throughout this 2016 campaign, Europe has been the shadow not the substance.”

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