Andrew Mitchell’s solicitors and his celebrity barrister David Sherborne have had a bad start to their case. Due to a cock-up Mitchell’s solicitors failed to file for their costs and Master McCloud has ruled against Mitchell again today – so he and his lawyers will have to pay all their own estimated £500,000 of costs even if he wins the libel case (in which damages are capped at £150,000). Ironically Mitchell is facing a five-figure cost bill for the argument over costs itself. He can however appeal the ruling to a higher level.
If Mitchell does appeal the costs ruling his libel case is suspended until the whole costs issue is resolved. This would probably push back the main Plebgate case to the spring. Meaning it will be too late for him to return to a reshuffled Cabinet and probably too late to be appointed as a European negotiator. Neither will Downing Street be pleased to see a high profile Tory in a “posh versus plebs” public court battle in the run up to the general election…
