Is there anything that civil procedure could import from arbitration to improve the resolution of costs disputes, asks Andy Ellis
- The range of potential costs outcomes between arbitration and civil litigation is widening.
- At the same time, we have seen measures introduced that are aimed at controlling costs on both sides of the dispute resolution fence.
The approach to costs control in civil litigation over the last 10 years has been dominated by the Jackson reforms and LASPO. The ability to recover additional liabilities from the losing party (ie conditional fee agreement (CFA) success fees and ATEI premiums) has been largely curtailed. Only publication proceedings and mesothelioma cases have continued to escape the cut.
Costs budgeting is now commonplace in civil litigation, even in cases above the £10m threshold and especially in group litigation. A good indicator of the direction of travel is found in the recently published decision of Nugee J in Sharp v Blank and others [2017] EWHC 141
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