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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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