header-logo header-logo

28 February 2019 / Patrick Allen , Riffat Yaqub
Issue: 7830 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Budgeting for the future

Unforeseen costs can be unavoidable, but amending a budget upwards is no easy task, as Patrick Allen & Riffat Yaqub explain

 
  • In the case of Al-Najar v Cumberland Hotel (London) Ltd , there was dispute about whether a large unanticipated disclosure amounted to a ‘significant development’.
  • The master sent a strong message that not to allow an increase in such a case could lead to budgeteers making wildly overcautious budgets.

Cost budgets have been controversial from the outset, as they involve a significant element of crystal ball gazing. Predicting the future is not an exact science. By contrast, analysing the past is usually instructive. Trying to predict the course of litigation is particularly fraught as it depends on many factors outside the control of the budgeting party, eg conduct by the other party, experts, and decisions of the court.

Tactical tools

The theory behind budgets is that they control costs, but this is incorrect. They control the costs which can be recovered from an opponent. This is not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll