“…Belle Lingerie considered various decisions of this Court where applications were made for costs capping orders, specifically Black v Arriva North East Limited [2014] EWCA Civ 1115 and Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847, in both of which the application was rejected. In PGI Group Limited v Thomas [2022] EWCA Civ 2…”
“… that the costs of leading counsel should be prohibited before they were ever incurred. Arden LJ rejected that proposition. In Black v Arriva North East Limited[2014] EWCA Civ 1115 the underlying issue concerned the funding of the litigation, and the application for a CCO was dismissed. Both cases pre-dated costs budgeting.…”