New civil costs management scheme advice issued
Mr Justice Ramsey has issued practical advice for lawyers and judges dealing with the new civil costs management scheme, due to begin in April 2013.
In a speech at the Law Society last week, Ramsey J said it would be important for judges to apply the proportionality test consistently to the costs budget in each case, and for lawyers to be aware of the impact on recoverable costs.
Judges would have to consider the cost impact of their directions on disclosure, an area where costs can soon become “disproportionate”, and on expert evidence and witness statements.
The courts will also be faced with circumstances where it is not appropriate to make a costs order, for example, in some complex commercial litigation or where mediation is going to take place.
It will be helpful to put dates in the diary in some cases to prompt parties to review their costs budget or inform the court of any revisions, he said.
Costs management is being introduced as part of the reforms proposed by Lord Justice Jackson in his civil litigation costs review.
