header-logo header-logo

06 October 2017 / Dominic Regan
Issue: 7764 / Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

NLJ costs revision course (Pt 3)

nlj_7764_regan

This week, Dominic Regan provides a cut out & keep guide to costs budgeting

No doubts

If in doubt as to whether or not you need to file a budget then always produce one. The penalty for default is deliberately draconian. ‘No budget, no costs’ is the penalty imposed by CPR 3.14.

Split trial

If seeking a split trial, perhaps addressing liability only at the outset, produce two budgets. The court might reject the application so protect yourself by also filing one that covers the entirety of the action.

Be timely

File your budget on time. Who will ever forget the Mitchell bloodbath?

Relief application

If you fail to comply with the last point, make an immediate application for relief from the sanction denying you costs. It was made clear in British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] All ER (D) 128 (Mar), [2016] All ER (D) 128 (Mar) that time is of the

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

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
back-to-top-scroll