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28 March 2013 / Jon Lord
Issue: 7554 / Categories: Features , Profession
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Precedent H-setting

What lessons have been learned from the costs management pilots in the Mercantile Courts and Technology and Construction Courts? Jon Lord reports

The focus of the Jackson litigation costs reforms has been on the lower value market, such as the RTA portal and the issues of damages and referral fees which stem from an automated, fixed-costs system. In contrast, commercial litigation has received much less attention from the media, even though it too has to embrace costs budgeting reforms.

A number of costs pilots are shortly to become permanent, jurisdiction-wide fixtures, notably the costs management pilot in the Technology and Construction Court (TCC) and in defamation proceedings. The central provision of these pilots has been the requirement that both parties provide a detailed estimate of incurred and future costs, which is contained in a Precedent H form (this replaced the more general provision of an estimate of costs, under the Costs PD6 model).

Not just form-filling

The profession has now had some time to digest the proposed new rules and practice directions which give guidance

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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