What is ‘not’ a significant reason to revise a budget

16th December, 2016

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.


This is a heavy weight case involving a £15m claim.  The defendant’s approved budget estimated £100k for Leading Counsel and £49k for Junior Counsel when Junior Counsel had been retained but Leading Counsel had not. The application was to increase the budget to include £172k for Leading Counsel and £69k for Junior Counsel. No ‘good reason’ to do so was found.


Elvanite Full Circle v AMEC (UK) [2013] EWHGC 1643 (TCC) applied when a similar late application to revise the budget failed.


Anticipate the risks of instructing Counsel late in the day.


Request an early estimate from Counsel to include in the first draft costs budget.


Attain are experts in helping firms deal with the new cost management regime. Call us on 01664 565325 or visit http://www.attaincosts.co.uk/