header-logo header-logo

10 October 2013 / John O'Hare
Issue: 7579 / Categories: Features , Procedure & practice , Costs
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll