Tag Archives: Costs management

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 caused by the decline in the exchange rate between sterling and the euro since the defendant had made … Continue reading

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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 failed to file a costs budget when required to do so, so that he was treated as having filed a … Continue reading

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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 agree budgets and thereby reduce the burden that costs budgeting places on the courts, is to … Continue reading

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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 Management”. Lord Justice Jackson explained that the Civil Procedure Rule Committee has set up a sub-committee to … Continue reading

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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 budget figures indicating the maximum the claimant should recover in relation to each stage of the litigation, taking into account both past … Continue reading

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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 the rules in force since 22 April 2014, that means claims for more than £10 million, … Continue reading

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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 future seems likely to hold in store. We were very fortunate to be joined … Continue reading

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Costs budgeting to be extended to cases below £10 million in all courts

The current exceptions to the mandatory costs budgeting regime are set to be replaced by an exception for claims of over £10 million across all courts, following a recommendation by Lord Justice Richards, the Chair of the Civil Procedure Rule Committee … Continue reading

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Court of Appeal sends clear message on need for strict compliance in Mitchell decision

In its decision handed down this morning in the high-profile Mitchell case, the Court of Appeal has dismissed an appeal against tough sanctions imposed for a failure to file a costs budget in time: Andrew Mitchell MP v News Group … Continue reading

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High Court comments on “obvious case” for departing from costs budget

In ordering a defendant to make an interim payment on account of the successful claimant’s costs, the High Court has awarded a sum considerably higher than the claimant’s last court approved costs budget, commenting that this was an obvious case … Continue reading

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