Category Costs budgeting

COSTS MANAGEMENT AND PROPORTIONALITY IN ACTION

Issues of costs budgeting and proportionality were considered by Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman [2016] CAT 21. It provides an interesting example of the judicial approach to proportionality and costs budgeting. “Proportionality is fundamental to the standard basis of assessment. It is inherent in the concept of proportionality that even […]

COSTS BUDGETING: IT’S JUST A PHASE I’M GOING THROUGH

One advantage of going to conferences is that it usually gives rise to ideas for the blog. So speaking at the Association of Costs Lawyers conference yesterday has given rise to a whole host of issues which will be explored over the next few weeks.  The first issue is the importance monitoring of the “phases” […]

REASONABLENESS AND PROPORTIONALITY: A DIRECT IMPACT UPON LITIGATION DECISIONS

I have been writing for some time about the impact of “proportionality” upon the practice of litigation itself.  One example of this can be found in the judgment of Master James in  Briggs & 598 others -v-  First Choice Holidays and Flights Limited (23/09/16). THE CASE The claimants brought an action following a holiday. 447 […]

THIS COSTS BUDGETING THING – IT IS NOT THAT IMPORTANT: WELL THINK AGAIN

There are some important observations made by Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman Limited [2016] EWHC 2315 (Ch) in relation to both costs budgeting and security for costs. KEY POINTS There is no duty on a party applying for security for costs to prepare a detailed costs budget. However it is […]

COSTS BUDGETING IS APPROPRIATE AND NECESSARY IN A HIGH VALUE CASE : BUT IT WAS NOT APPROPRIATE TO ORDER A SPLIT TRIAL

In Signia Wealth Limited -v- Marlborough Trust Company Limited [2016] EWHC 2141 (Ch) Chief Master Marsh considered two issues relating to case management: whether costs budgeting should apply and whether a split trial was appropriate. KEY POINTS Costs budgeting A high value action stayed within the costs budgeting regime because the claim form limited the […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]

COSTS BUDGETING – THE KEY DATES: A QUICK REMINDER TO AVOID A SHARP (BUT NOT NECESSARILY SHORT) SHOCK

You would think that everyone involved in litigation would know that new rules as to cost budgeting came into force on the 6th April 2016. However, judging from some of the blank (and worried) looks I have seen recently when this has been mentioned, this may not be the case.  Since the cases where the […]