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28 September 2017 / Dominic Regan
Issue: 7763 / Categories: Features , Costs , Budgeting
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NLJ costs revision course (Pt 2)

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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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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