header-logo header-logo

30 May 2014 / Ian Gascoigne , Hena Ninan
Categories: Features , Costs , Budgeting
printer mail-detail

Expanding costs budgeting

Ian Gascoigne & Hena Ninan ask whether costs budgeting will make a difference to large commercial disputes

Lord Justice Jackson’s terms of reference in his review into the basis of costs of civil litigation featured (i) promoting access to justice at (ii) proportionate cost. One year in from implementation these two factors are the twin aspects against which we should judge the extension of costs budgeting requirements.

From 22 April 2014, costs budgeting became a requirement for all claims valued at £10m or less at issue. Cases now brought into the net include commercial disputes and property claims which were previously caught by the exemptions. 

Will the extension of costs budgeting to the commercial sector of civil justice deliver against the stated aims? Based on the operation of the costs budgeting to date, we question whether it will have any real impact.

In paras 6.10 and 6.11 of the Costs Review Jackson LJ wrote: “Costs management is an adjunct to case management,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll