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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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