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Counting the pennies

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06 January 2012 / Paul Wainwright , Dr Mark Friston
Issue: 7495 / Categories: Features , Procedure & practice , Costs
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Paul Wainwright & Dr Mark Friston provide a practical guide to costs budgeting

The costs budgeting pilot scheme run by HHJ Simon Brown QC in the Birmingham Mercantile Court and Technology and Construction Court (TCC) since 2009 was extended to all TCC and Mercantile Courts from October 2011 (see Practice Direction 51G). Drawing on his experience, HHJ Simon Brown QC has set out a number of factors that he regards as being relevant to costs management. These are (paraphrased):

  • The need to make the court accessible and affordable for small-to-medium enterprises (SMEs).
  • The need to recognise that the trial judge will, in one sense, be the “end user”, and that as such, he is in a good position to determine what is relevant and what he needs.
  • The need to recognise that the court’s resources are capable of being actively managed.
  • The need to recognise the potential for active case management to save costs and court time (such as by reducing
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