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.
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”.
Hunt goes on for costs budgeting case to reach Court of Appeal after Redfern settles
Hopes that the Court of Appeal would get its teeth into costs management have been dashed for the time being after the case that was destined to go there was successfully mediated. Litigation Futures understands that both the Law Society and Bar Council had been invited to intervene.
Coulson J slashes “entirely unreliable” costs budget from £9.5m to £4.3m
The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.
Judges at odds over relationship between budgeting and indemnity costs
The High Court is at odds over the relationship between budgeting and indemnity costs, after one judge expressly disagreed with the view of another that the costs management order should also be the starting point for an assessment of indemnity costs.
Gloster: budgeting extension unlikely to tame Commercial Court case costs
Mandatory costs budgeting for smaller cases is unlikely to achieve make costs more proportionate in the Commercial Court, according to the judge who initially persuaded Lord Justice Jackson to exclude the court from the process.
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.
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.
“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”.
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.
