header-logo header-logo

08 February 2013 / Dominic Regan
Issue: 7547 / Categories: Opinion , Legal services
printer mail-detail

Not the end of the story?

Henry v NGN demonstrates a firmer line needs to be taken on costs budgeting, says Dominic Regan

The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for. We know this for Sir Rupert said so in an interview here last year (“Jackson on Jackson”).

The news that the Court of Appeal was going to hear the first ever case on budgeting, Henry v News Group Newspapers Ltd [2013] EWCA Civ 19, and so be able to give practitioners guidance, excited many of us. However, the decision, handed down on 28 January, is a rum one as we shall see.

Background to Henry

Henry arose out of the defamation pilot scheme. The budgets of both sides were approved by the court at the outset. The essence of the budgeting process is that each party sets out in precedent H details of the work it proposes to do and the cost of performing it. Forms are exchanged and given to the court.

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll