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Rule committee allays concern over unintended consequences of costs budgeting extension

The Civil Procedure Rule Committee has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.

April 14th, 2014 | No Comments »

Busting the budget: applications to dis-apply the costs budgeting regime

Lucy McCormick of Henderson Chambers discusses the as-yet little used discretion in the CPR to dis-apply costs budgeting, and explains how she was able to make a successful application in a case involving a litigant-in-person.

March 19th, 2014 | No Comments »

“Premature” bid for RBS case budget only penalised with 50% costs award

The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.

March 18th, 2014 | No Comments »

Jackson has done nothing to improve commercial litigation, say City solicitors

Litigators from many of the City’s top firms have expressed deep concerns about the impact of the Jackson reforms, saying they have increased the cost of litigation without improving its efficiency.

March 11th, 2014 | No Comments »

Judge overturns Mitchell sanction in case where both parties did not file budgets

A circuit judge has overturned a ruling that both the claimant and defendant would be limited to recovering their court fees after both failed to submit budgets. HHJ Worster said that had he not found they were not required to file budgets, he would have granted relief from sanction.

February 14th, 2014 | No Comments »

High Court judge expressly declines to approve "disproportionate" costs budgets

A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they are “disproportionate and unreasonable”. But Mr Justice Coulson said this does not mean the successful party will recover no costs at all.

October 4th, 2013 | Comments Off on High Court judge expressly declines to approve "disproportionate" costs budgets

Master more than halves £1m budget

A High Court master last week more than halved a proposed budget in a quantum-only cerebral palsey case, it has emerged. Leading costs lawyer Matthew Harman said the master also refused to hear any argument on hourly rates.

September 12th, 2013 | Comments Off on Master more than halves £1m budget

Plebgate costs budgeting case leapfrogged to Court of Appeal

The Court of Appeal is set to hear the landmark Plebgate costs management case, in which the budget of former cabinet minister Andrew Mitchell MP for suing The Sun for libel was restricted to just the court fee as a result of failures to comply with the new CPR.

September 2nd, 2013 | Comments Off on Plebgate costs budgeting case leapfrogged to Court of Appeal

Tough enough? Failure to comply leaves ‘Plebgate’ MP with budget limited to court fees

The full harshness of the post-Jackson costs management regime has been exposed after a High Court master ruled that a claimant’s failure to meet the rules in a high-profile libel action means his budget is limited to the court fees and no more.

August 8th, 2013 | Comments Off on Tough enough? Failure to comply leaves ‘Plebgate’ MP with budget limited to court fees

City lawyers: no reason to remove Commercial Court budgeting exemption

The Civil Procedure Rule Committee is wrong to consider introducing automatic costs budgeting to the Commercial Court so soon after implementation of the Jackson reforms, City litigators have said.

July 30th, 2013 | Comments Off on City lawyers: no reason to remove Commercial Court budgeting exemption