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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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