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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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