header-logo header-logo

17 November 2017 / Francis Kendall
Issue: 7770 / Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

Costs budgeting: a risky business

nlj_7770_kendall

Trivial, serious or significant? Francis Kendall reviews recent excuses for breaches & shares the consequences

If parties and their lawyers have learnt just one thing about costs budgeting by now, you would have hoped that it is the importance of getting their budget in on time. But still parties are missing the deadline and then—facing a budget limited to the applicable court fee—have to roll the dice with the Denton test when they apply for relief from sanctions. It is worth reviewing two cases from the summer which led to very different results.

No sensible excuse

In Lakhani & Anor v Mahmud & Ors [2017] EWHC 1713 (Ch), [2017] All ER (D) 55 (Jul) the defendants served their £50,000 budget just one day late, but only applied for relief at the case and costs management conference (CCMC). HH Judge Lochrane in Central London County Court acknowledged that, in certain circumstances, being one day late with a costs budget ‘might not be regarded as terribly serious’.

However, he said there was no sensible

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll