The free guide to costs, funding and the Jackson reforms
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Warby: New defamation regime risks “front-loading of costs”
The new regime created by the Defamation Act 2013, and the prevalence of early judicial decisions, could lead to “front-loading of costs”, the judge in charge of the media and communications list has warned.
Master calls on rules committee to solve riddle of the costs of budgeting
A High Court Master has called on the Civil Procedure Rules Committee to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H. Master Victoria McCloud said the committee should consider amending the guidance to Precedent H.
Media litigators unhappy with procedure and costs budgeting
Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.
Research reveals overspend in 89% of cases with costs budgets
Lawyers are overspending in 89% of High Court and county court cases where costs management orders are made, research has indicated. A survey by Just Costs solicitors found “a clear failure to comply with the Civil Procedure Rules”.
High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer
The High Court has rejected jailed publicist Max Clifford’s attempt to limit its costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer. Deputy Judge Spearman said an “appropriate part 36 offer” would have protected the defendant.
Rule committee sets shorter deadlines for filing costs budgets
Lawyers will be set much shorter deadlines to file their costs budgets under a draft rule agreed by the Civil Procedure Rule Committee. The committee reversed an earlier decision to scrap costs capping rules.
High Court abandons cost budgeting for clinical negligence claims to clear backlog
Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.
Budget-busting solicitors ploughing ahead without court approval
Commercial litigators are busting their budgets without seeking court approval to revise them upwards, new research has shown. Even though every solicitor surveyed monitored the costs they incurred, 69% said they had exceeded a budget at some point.
MR questions Jackson’s call to give courts costs management ‘opt-out’
The Master of the Rolls, Lord Dyson, yesterday expressed misgivings over a recommendation from Lord Justice Jackson that the court should not seek to manage costs “if it lacks resources to do so without causing significant delay and disruption to that or other cases”.
Judge asks: Where are all the applications to vary budgets?
A leading judge has expressed his “deep unease about the desert of applications” to vary costs budgets – with practitioners responding that they are positively avoiding doing so.
