Spring 2015

Inside Law Issue 10 Costs Budgeting Special

Inside Law Issue 10 Costs Budgeting Special

Happy Birthday? – Two Years of Costs Budgeting – Jonathan Wiseman

So, Lord Jackson’s baby is almost two years old. Like all new offspring the first couple of years have been challenging in places and positively difficult in others. There were some teething pains after the first few months and now he seems to finally be finding his feet, albeit rather tentatively.

The changes to CPR Part 3 that incorporate costs management are nearing their second birthday. So how does the process work in practice and what has been learnt in the intervening period?…

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High Court Slashes “Deliberately Manipulated” Budget – Tom Loia

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors considered.

Mr Justice Coulson hearing the case, has ruled that the costs budget proposed by the Claimant had been “deliberately manipulated”, and has therefore
ordered that it be reduced from the estimated £9.5 million, to just £4.3 million – just 45% of the original budget…

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Costs Budgeting The Headline Caselaw – Paul Kay

The landmark post-Jackson case by some distance has been the Court of Appeal’s famous and now watered down (sorry I mean “clarified”) decision in Mitchell –v- News Group Newspapers [2013] EWCA Civ 1537. This is often mistakenly thought of by many as a case about Costs Budgeting. It is in fact really a case about breaching rules and the Court’s stricter, Singaporean, approach to Relief from Sanction arising therefrom post Jackson. It was thrown into the spotlight because of the draconian (dare one say disproportionate?) penalty which parties (including the unfortunate Mr. Mitchell) incur for failure to file a budget in compliance with CPR3.13….

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Costs Budgeting in Clinical Negligence Claims – Tips & Tricks – Tom Goodhead

Costs budgeting has proven to be the bane of many Clinical Negligence practitioners’ professional lives since its introduction on the 1st April, 2013. Time that would previously have been spent litigating substantive issues in cases, is now devoted to filling pages of an inordinately complicated Excel spreadsheet…

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Business As Usual – Michael Goodridge

Whilst pondering a subject matter for this article, I was forwarded an e-mail from an instructing solicitor that said “Lawyers Struggle to Deliver Productivity Demanded Of Their Employers”. Not again, I thought. More negativity, more doom and gloom, more the end is nigh.

Is there any good news out there?…

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Want to Increase Your Budget After Settlement? Think Again! – Peter Jones

On 16th January 2015, HHJ Simon Brown QC, sitting as a Judge of the High Court held that after a case had been won, it was too late to increase the Budget. The Judgment having previously been handed down, the Claimant sought five Orders with one being that the Claimant’s approved Costs Budget be increased to £172,677.40. A side issue to this was the fact that the Claimant also sought an Order that the assessment of the costs be on the indemnity basis…

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Costs Budgeting & The Court of Protection – Sarah Page-Croft

Cost Budgeting does not, currently, apply to cases in the Court of Protection as per CPR 3.12. However, the Practice Direction that supplements CPR 3 provides at 3E (2) that: “In any case where the parties are not required by rules 3.12 and 3.13 to file and exchange cost budgets, the court has a
discretion to make an order requiring them to do so. That power may be exercised by the court on its own initiative or on the application of a party”.

Now, following the recent Judgement of Peter Jackson J in A and B (Court of Protection: Delays and Costs) [2014] EWCOP 8, it now seems a strong possibility that cost budgeting will be expanded to cover costs in the Court of Protection…

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Details of R Costings Appearance at LegalEx 2015

Including A Live Overview of the Costs Budgeting Process by Jonathan Wiseman

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