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10 October 2013 / John O'Hare
Issue: 7579 / Categories: Features , Procedure & practice , Costs
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Making it all add up

John O'Hare provides practical advice on revising a costs management budget

Costs management budgets are not costs caps; the court will expect the parties to regularly review them and to either agree, or apply for, revisions when necessary. It is most unlikely that anyone will be able to predict all the significant developments which will later occur in the course of a case, however carefully they drafted the first budget. Practice Direction 3E, para 2.6 refers to the making of revisions (upwards or downwards) if significant developments warrant them using words of obligation: “Each party shall revise its budget.”

Revisions are likely to be agreed or allowed whenever it becomes clear that any of the assumptions listed on the first page of the budget is false. Similarly, every budget is subject to certain implied assumptions (that opponents will not serve unnecessarily prolix pleadings or witness statements, or be uncooperative as to site inspections or inspection of documents). When setting your first budget

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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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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