Ruling of the Tribunal in relation the Class Representative's application for her costs following the Tribunal's judgment ([2025] CAT 60), wherein her application for a collective proceedings order ("CPO application") was granted. The Class Representative sought her costs of responding to the Defendants' opposition to her CPO application, as well as of responding to the Defendants' strike out application.
The Tribunal considered a 20% reduction to her total costs was appropriate to reflect the exclusion of pre-opposition costs as well as costs that would have been incurred in any event, but it also considered that the Class Representative should be awarded her costs associated with her economic expert's second report. On summary assessment of her costs, the Tribunal re-assessed the costs of Ashurst LLP at Guideline Rates and excluded 50% of the claimed costs; it also reduced counsels' costs by 40%. The costs of White & Case LLP were excluded in their entirety.
Motorola was therefore required to pay the Class Representative's costs in the sum of £783,639.79; pre-opposition costs and costs incurred in any event are costs in the case.
