The Court set aside a notice to produce seeking the losing party's solicitor invoices on the basis that they lacked apparent relevance to the determination of a gross sum costs order in favour of the winning party. The Court held that the costs incurred by the opposing party cannot be assumed to be a benchmark for what constitutes a reasonable amount of the successful party's costs, and that neither costs expert had suggested the opposing party's invoices would assist their analysis. The Court also noted that while oppression alone (arising from the compressed timetable) would not have been sufficient to set aside the notice, it added further weight when combined with the lack of relevance.
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