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19 September 2013 / Mark James
Issue: 7576 / Categories: Features , Procedure & practice , Costs
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Money talks

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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

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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