header-logo header-logo

28 September 2017 / Dominic Regan
Issue: 7763 / Categories: Features , Costs , Budgeting
printer mail-detail

NLJ costs revision course (Pt 2)

nlj_7763_regan

This week, Dominic Regan addresses estimates & revisits the problem of incurred costs

  • A costs management order is always predicated upon the standard basis.
  • Merrix and Harrison show courts cannot depart from the agreed figure for estimated costs without good reason.
  • What to do about incurred costs is a lingering issue in costs management.

Budgeting is brilliant except when it isn’t. The concept whereby the proposed spend of each party is scrutinised at the outset is sound. Grandiose spending plans can be slapped down before the money is spent, before the damage is done.

In Merrix v Heart of England NHS Foundation Trust [2017] 1 Costs LR 91 the crucial issue was the relationship between an approved budget at the outset and a detailed assessment at the conclusion of the same action. The defendant asserted that, while relevant, a budget was not conclusive and so a full blown detailed assessment remained essential. The receiving party understandably argued

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll