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25 March 2016 / Charles Auld , Kate Harrington
Issue: 7692 / Categories: Features , Procedure & practice , Costs
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A make-believe world

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Costs budgeting simply doesn’t work, say Charles Auld & Kate Harrington

All civil litigation incurs cost; this may be sums paid to lawyers to conduct that litigation; the hours worked by an in-house employee retained specifically for, say, debt collection or the cost of the time spent by a litigant in person. If litigants cannot recover their costs from other parties this can have undesirable results. A claimant can pursue a completely unmeritorious claim with a view to persuading the defendant that it would be cheaper to pay him something in settlement than take the matter to trial. Perhaps of more significance, a no-costs system can prevent a claimant who has a good claim for a non-financial remedy, eg possession of land, but who is impecunious, from pursuing his action at all.

Successful litigants in England and Wales are, at least prima facie, entitled to recover their legal costs from the unsuccessful party, but there is a limit on what can be recovered. As Victorian

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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