Litigation Notes
Tag: costs management
Showing 12 out of 25 results
Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs
Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …
Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer
In a recent judgment, overturning the High Court's decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant …
The dangers of filing an incomplete costs budget
The High Court has imposed severe sanctions on a claimant who "genuinely but mistakenly" thought it was acceptable to file a costs budget excluding the …
High Court clarifies approach to revising costs budgets where there are significant developments in the litigation
In a recent decision in the HBOS acquisition litigation, the High Court has clarified the proper approach in considering a party's application to approve …
Court of Appeal confirms good reason required to depart (up or down) from costs budget
The Court of Appeal has recently delivered an important judgment on the relationship between the costs budgeting regime and the costs that are ultimately …
Contrasting High Court decisions on whether successful party should be compensated for exchange rate loss on legal costs
The High Court (Mr Justice Coulson) has declined to order that a successful defendant should recover additional sums to reflect any currency loss …
Court of Appeal upholds order limiting recoverable costs to court fees where party failed to file costs budget
Lord Justice Jackson has delivered the leading judgment dismissing an appeal against imposition of the so-called "Mitchell" sanction where a party …
New procedures to encourage parties to agree costs budgets
A number of amendments to the procedures for costs budgeting will take effect from 6 April. The main change, which is aimed at encouraging parties to …
Possible further changes to costs budgeting rules
At the Third Annual Harbour Lecture yesterday evening, 13 May, Lord Dyson MR and Lord Justice Jackson spoke on the topic of "Confronting Costs …
High Court highly critical of claimant's costs budget
The court has criticised the claimant's costs budget in a construction claim as "unreliable, disproportionate and unreasonable" and has set new …
Court has broad discretion to order costs budgeting in cases falling outside mandatory regime
The High Court has considered the extent of the court’s discretion to order costs budgeting in cases where budgets are not automatically required. Under …
One year from the "Big Bang": Assessing the impact of the Jackson reforms – A seminar with Mr Justice Ramsey
Herbert Smith Freehills held a client event on Tuesday 6 May to discuss how the Jackson reforms have affected commercial parties to date and what the …
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