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19 October 2012 / Charlie Clarke-Jervoise
Issue: 7534 / Categories: Features , Costs
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Judicial costs control

Charlie Clarke-Jervoise explores the brave new world of costs management

The recent decision by the senior costs judge, Master Hurst in Henry v News Group Newspapers [2012] EWHC 90218 (Costs), is a useful indicator of how seriously judges are likely to take their duty to manage costs.

Costs budgeting, also known as costs estimating and costs management, was first mooted by Lord Justice Jackson in his preliminary report in May 2009. He identified a peculiarity of litigation, namely that, at the time when costs were being run up, no-one knew who would be paying the bill or how much that bill would be. In his view it was no longer acceptable for questions of costs to be left to the end of litigation—some judicial control on the expenditure of costs during the life of the case had to be introduced as a necessary part of case management. After all, he noted, litigation was often a “project”, which both parties were pursuing for commercial ends. Any

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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