The Civil Procedure Rule Committee have agreed amendments are needed to the CPR following the decision in SARPD Oil International v Addax Energy [2016] EWCA Civ 120 when it was held that a failure to challenge incurred costs at the Costs & Case Management Conference, when the opposing party’s budget had been agreed, precluded a…
Read more…A change of counsel is not a ‘significant reason’ to warrant a revision to a costs budget. The Judge in Greig v Lauchlan Ch D 07/12/2016 considered the defendant’s application to increase a budget (approved in October 2015) at the PTR, shortly before the imminent 10-day trial, because of a change in Counsel. …
Read more…Roger Wyland QC sitting as a Deputy High Court Judge in the case of Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2985 (Pat) used the Claimant’s costs budget to assess the Claimant’s costs at the end of the case, where the parties had agreed this process to avoid a detailed assessment.…
Read more…It is the big topic when it comes to costs recovery. Gordon Exall warns it cannot be ignored and lists 8 points to ensure a case is managed proportionately: Risk assess the case properly before taking it on; Explain the concept and encourage your client to engage in the case; Think, “Can I…
Read more…Regional Costs Judge, District Judge Lumb in the case of Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB) (13 October 2016) considered to what extent, if at all, does the costs budgeting regime fetter the costs judge’s powers and discretion at detailed assessment. The judgment concerned this preliminary issue that arose…
Read more…With the intention of avoiding the expense and inconvenience of cost management and likewise the need to have a Costs and Case Management Conference, the Chancery District Judges at Leeds District Registry with the support of the Vice Chancellor have introduced a new practice as follows: PRACTICE Provided that, when filing their Directions Questionnaires: a)…
Read more…Master Fontaine addressing the Law Society civil litigation section conference urged parties to: Discuss budgets before the costs management hearing, “It is very important to hold prior discussions with your opponents and be realistic about the figures. Think about the issues before you discuss them.” Make a counter offer where a challenge is made to…
Read more…A costs management order was made for the claimant litigant in person in Campbell v Campbell [2016] EWHC 2237 (Ch) a high value commercial case between two brothers where the claimant has become a litigant in person but continues to instruct counsel through the direct access scheme and receive assistance from solicitors in Jersey. The…
Read more…My previous life as a litigation solicitor made me an ideal candidate for the role of ‘Manager – Costs Management’ at Attain. A role I have developed to deliver sound costs budgeting and costs management advice to litigation solicitor clients. My experience and expertise in costs gained at Attain means I am able to combine…
Read more…Claims in excess of £10 million are exempt from the costs management regime unless the Court orders otherwise, CPR 3.12. In the recent case of Signia Wealth Limited v Malborough Trust Company Limited [2016], the High Court ordered costs management should apply to a claim valued at £13 million. Key facts: The actual value…
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