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ADDITIONAL LIABILITIES ARE OUTSIDE THE COSTS BUDGETING PROCESS – Various Claimants v MGN Ltd [2016]

ADDITIONAL LIABILITIES ARE OUTSIDE THE COSTS BUDGETING PROCESS We previously reported on the decision of Master Gordon-Saker in the matter of BNM v MGN Ltd in which he said: “When applying the new test of proportionality, the court need not consider the amount of any additional liability separately from the base costs. In the event I have considered the after event insurance premium separately.” This has led to a challenge as to the proper approach to be taken during the Budgeting process on the question of how additional liabilities should be treated at this stage. The matter came before the court in Various Claimants v MGN Ltd [2016] EWHC 1894 (Ch) where Mr Justice Mann was dealing with a

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