An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal. Overturning the ruling in Merrix, Mrs Justice Carr said this would achieve the purpose of cutting down the number of detailed assessments.
If a career on the bench is not made more attractive financially, the rule of law could be undermined, and with it lucrative industries vital to post-Brexit economic prosperity, the departing president of the Supreme Court has warned.
A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.
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Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. One of the key reforms was the introduction of a new proportionality test. Unfortunately, the new rules are silent as to the application of this test to additional liabilities. Unfortunately, the judges at the Senior Courts Costs Office are in disagreement as to the interplay between the new proportionality test and additional liabilities.