“…pplications 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 233; [2022] Costs LR 307Coulson LJ noted that both those cases pr…”
“…There are very few authorities on r.3.19. The White Book suggests that Tidal Energy Limited v Bank of Scotland PLC[2014] EWCA Civ 847 is authority for the proposition that cost capping orders may only arise where there was evidence that the costs judge could not adequately distinguish between…”