Roger Mallalieu analyses recent case law on costs budgeting
The most important case to come out of costs budgeting to date is arguably Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov) which indicates that it is open to courts, in cases still operating under the various pilot schemes, to adopt and apply the express sanctions provided under CPR Pt 3 and also sets out the new, strict approach to non-compliance.
It thereby emphasises the vital importance of ensuring budgets are filed in time and the need for parties to engage in the process of discussion of assumptions and budgets. The case, unfortunately, told us little about how costs budgeting was going to work in practice; however, a number of other cases in recent months have shed some light on the practical application of costs budgeting.
Willis v MRJ Rundell & Associates Ltd
Perhaps one of the oddest is the decision of Coulson J in Willis v MRJ Rundell
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