header-logo header-logo

03 August 2012 / James Maton
Issue: 7525 / Categories: Features , Profession , Costs
printer mail-detail

Loud & clear

rexfeatures_1508557a_4

When attempting to control costs, communication is key says James Maton

An amendment to the Civil Procedure Rules will introduce more extensive cost management procedures to multi-track cases from April 2013 (commercial court cases are excluded). This will require parties to prepare and exchange detailed budgets following the service of a defence. It is envisaged that these budgets will, if not agreed, be approved or revised by the court. When assessing costs, the court will have regard to a party’s last approved or agreed budget and will not depart from it unless satisfied that there is good reason to do so.

It is therefore instructive to consider the decision of Senior Costs Judge Hirst last month on the recoverability of costs exceeding an approved costs budget under a similar scheme piloted for defamation cases (Henry v News Group Newspapers Limited [2012] EWHC 90218 (Costs)). Here, the judge decided that costs exceeding the budget were unrecoverable in circumstances where the claimant had not kept the court nor defendant informed of the overspend.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll