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19 November 2015 / Dominic Regan
Issue: 7677 / Categories: Features , Costs
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The end of budget stand-offs?

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Dominic Regan predicts that the fracas that has dogged costs budgeting could soon be a distant memory

No one, not even the architect of budgeting, believes that the present scheme is perfect. Lord Justice Jackson, in a lecture seven months ago, made a series of sensible proposals to refine the process. I anticipate changes will be implemented during 2016.

What needs to be appreciated is that real good for both client and lawyer can flow from costs management. A vociferous minority resent costs management.

We heard like-noises about the other elements of CPR reform in 2013. The Mitchell debacle aside, a decision which was nothing whatever to do with Jackson, the reforms have been embraced and seem to me to be working.

The 2014 extension of costs management to the Commercial Court was going to be disastrous claimed those resistant to the idea. My understanding is that parties are regularly agreeing their budgets with one another and no discernible damage has been done.

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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