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| Andrew Mitchell faces legal fees setback over 'plebgate' libel case | Andrew Mitchell faces legal fees setback over 'plebgate' libel case |
| (about 1 hour later) | |
| Former Tory chief whip Andrew Mitchell's libel case against the Sun over its controversial "plebgate" story has hit a serious legal hitch which could mean his solicitors end up recovering none of their fees even if they win against the tabloid. | Former Tory chief whip Andrew Mitchell's libel case against the Sun over its controversial "plebgate" story has hit a serious legal hitch which could mean his solicitors end up recovering none of their fees even if they win against the tabloid. |
| In a setback for his legal team, the high court has told the former chief whip that the cost of his libel action will be restricted to the cost of the court fees for the claim which would normally be in the region of £2,000. | In a setback for his legal team, the high court has told the former chief whip that the cost of his libel action will be restricted to the cost of the court fees for the claim which would normally be in the region of £2,000. |
| Judge Victoria McCloud imposed the sanction of capping the fees after the law firm failed to get documents relating to budget planning for the case filed with the court in time for a deadline. Costs for the case if it goes all the way to trial are estimated at £1m for both sides. If the judgment stands, even if it loses, the Sun would not have to pay Mitchell's legal fees. | Judge Victoria McCloud imposed the sanction of capping the fees after the law firm failed to get documents relating to budget planning for the case filed with the court in time for a deadline. Costs for the case if it goes all the way to trial are estimated at £1m for both sides. If the judgment stands, even if it loses, the Sun would not have to pay Mitchell's legal fees. |
| Solicitors Atkins Thomson is taking McCloud's judgment to the court of appeal and is expecting a hearing in October or November. | Solicitors Atkins Thomson is taking McCloud's judgment to the court of appeal and is expecting a hearing in October or November. |
| The company has been one of the main law firms dealing with civil litigation against the Sun's former stablemate, the News of the World, in relation to allegations of phone hacking. | The company has been one of the main law firms dealing with civil litigation against the Sun's former stablemate, the News of the World, in relation to allegations of phone hacking. |
| It told McCloud at a hearing in June that one of the reasons it was unable to get the budget preparation done in time was because it was a small law firm and was busy with "significant prior preparation" for a hearing in relation to the hacking litigation at the high court. It said its firm had just two London partners and two of its three solicitors were on maternity leave. | |
| Sources say Mitchell is determined to press ahead with his libel action. His solicitors and barrister are operating on a no-win-no-fee basis so he does not consider the legal hitch a matter for him. | Sources say Mitchell is determined to press ahead with his libel action. His solicitors and barrister are operating on a no-win-no-fee basis so he does not consider the legal hitch a matter for him. |
| Mitchell launched his libel action against the Sun over its story last September that Mitchell had used the word "pleb" about police officers at the gates to Downing Street. | Mitchell launched his libel action against the Sun over its story last September that Mitchell had used the word "pleb" about police officers at the gates to Downing Street. |
| He has admitted swearing during the incident, leading to his resignation as chief whip, but has always disputed newspaper claims he described officers as "plebs". The Sun is sticking by its story and like Mitchell is intending to go all the way to trial, pending this latest legal snag on costs. | |
| The plebgate scandal has led to a police investigation and several arrests. Five police officers and three members of the public arrested in connection with the Mitchell debacle answer their bail this week. The five police include a 52-year-old diplomatic protection officer arrested in connection with an email he is alleged to have sent to the deputy chief whip in which he allegedly claimed to be a member of the public who witnessed the affair, even though he had not been present. | The plebgate scandal has led to a police investigation and several arrests. Five police officers and three members of the public arrested in connection with the Mitchell debacle answer their bail this week. The five police include a 52-year-old diplomatic protection officer arrested in connection with an email he is alleged to have sent to the deputy chief whip in which he allegedly claimed to be a member of the public who witnessed the affair, even though he had not been present. |
| A relative of the officer was also arrested as part of the inquiry. | A relative of the officer was also arrested as part of the inquiry. |
| One of the two officers on duty when the altercation with Mitchell took place – a 46-year-old female constable – is also among those arrested. | One of the two officers on duty when the altercation with Mitchell took place – a 46-year-old female constable – is also among those arrested. |
| The officers have been arrested on suspicion of misconduct in public office or the unauthorised disclosure of information to the media. | The officers have been arrested on suspicion of misconduct in public office or the unauthorised disclosure of information to the media. |
| All those arrested will return to police stations this week to answer their bail. But it is not expected that any charging decision will be made. | |
| The Crown Prosecution Service is still waiting for more evidence from the Metropolitan police from its ongoing investigation into the circumstances surrounding the incident, whether officers were involved in a conspiracy and how the log of the altercation reached the media. | |
| The Metropolitan police handed a file of evidence to the CPS in March but prosecutors asked for more information and since then the police say three separate pieces of information have come into the investigation. | The Metropolitan police handed a file of evidence to the CPS in March but prosecutors asked for more information and since then the police say three separate pieces of information have come into the investigation. |
| Four other Met Police officers have been given notice that they face disciplinary action in relation to the case. | Four other Met Police officers have been given notice that they face disciplinary action in relation to the case. |
| The IPCC and the Metropolitan police were forced to defend the investigation last week after the former director of public prosecutions Lord Macdonald said it was "quite outrageous" it had gone on so long. | The IPCC and the Metropolitan police were forced to defend the investigation last week after the former director of public prosecutions Lord Macdonald said it was "quite outrageous" it had gone on so long. |
| Jack Straw, the former home secretary, added his voice to the criticism of the police emanating from Westminster, by writing to Theresa May to "seek answers" over the police inquiry. | Jack Straw, the former home secretary, added his voice to the criticism of the police emanating from Westminster, by writing to Theresa May to "seek answers" over the police inquiry. |
| The investigation is being handled by one of Bernard Hogan-Howe's most trusted officers, deputy assistant commissioner Pat Gallan, who worked with him in the Merseyside force. | The investigation is being handled by one of Bernard Hogan-Howe's most trusted officers, deputy assistant commissioner Pat Gallan, who worked with him in the Merseyside force. |
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