header-logo header-logo

19 September 2013 / Mark James
Issue: 7576 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Money talks

83988352

Elvanite provides an important lesson in costs budgeting, says Mark James

Costs budgeting has been with us for nearly six months now. Most practitioners still have little experience of filling in a Form H. What they all have is a fear that they might get it wrong and that, as a consequence, their winning client may not be able to recover reasonable and proportionate costs from the losing party; and, that their firm may be asked by the aggrieved client to make up the shortfall by writing off part or all of its fees. At the heart of this fear is uncertainty as to how much leeway the court will give a solicitor who has made a mistake in his budget. The mixed messages from the courts have not helped. Under the pre-April 2013 pilot schemes the courts talked tough but, when it came to it, the decisions were sympathetic to the erring party. Thus, in Henry v News Group Newspapers Ltd [2013] EWCA

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll