header-logo header-logo

Sticking to a budget: could do better?

07 February 2019 / Francis Kendall
Issue: 7827 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Francis Kendall shares some shocking statistics from the 2018 ACL conference survey

A poll of 146 costs lawyers at the Association of Costs Lawyers’ (ACL’s) annual conference last November showed that only 10% said solicitors have got better at sticking to their budgets. This shocking statistic is perhaps mitigated slightly by the fact that only 23% of those responding said solicitors always went over what was budgeted. However, a further 53% said they sometimes went over.

Although these figures are all improvements on the same survey in 2017 – where the figures were 5%, 29% and 65% respectively – it must be of concern.

Absent success on the “good reason to depart” test on detailed assessment, any costs over budget in a phase reflects work that solicitors are undertaking that will simply never be recovered from the opponent on assessment. They must either know, suspect or are simply ignorant to that position at the time that the work is undertaken.

With clear instructions

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll