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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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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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