In GS Woodland Court GP 1 Limited & Anor v RGCM Limited & Ors [2025] EWHC 285 (TCC) Mr Justice Constable not only reduced the Claimants’ budgeted costs substantially, but found that their conduct justified an adverse costs order. Benjamin Fowler appeared for the Second Defendant on whose application the costs order was made.
The Claimants’ budget was reduced from an estimated £8.74m to £4.212m. Constable J confirmed that parties seeking sums in excess of the guideline rates at the budgeting stage must justify those rates, which the Claimants had not done.
The Second Defendant (represented by Benjamin Fowler at the costs management hearing, led by Ben Patten KC on the claim) sought and obtained a costs order against the Claimants, on the basis that the traditional view that costs of costs management should be costs in the case is displaced where a party has advanced an unrealistic budget and failed to take a proactive approach so as to cause the other parties to incur costs and use judicial resources.
