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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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