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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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