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Judicial costs control

19 October 2012 / Charlie Clarke-Jervoise
Issue: 7534 / Categories: Features , Costs
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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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Pillsbury—Lord Garnier KC

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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