Court of Appeal held decision regarding application for a costs capping order in discrimination proceedings


Re: Black & Ors v Arriva North East Limited [2014] EWCA Civ 1115

The claimant/appellant in discrimination proceedings about access to public transport applied for a costs capping order pursuant to CPR 52.10 and CPR 3.19. She argued that the case was exceptional given her limited financial means and in the interests of justice.

Held: it was not the function of costs capping orders to remedy the problems of access to finance for litigation. It was difficult to say that the costs contemplated by the respondents were disproportionate, and the risk could be adequately controlled by case management decisions or detailed assessment of costs.

Claire Darwin was involved in this case.