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 review the operation of the costs management rules. He presented a paper which sets out his … Read more

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 and future costs: CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors [2015] EWHC … Read more

Think twice before withdrawing a Part 36 offer

A recent High Court decision illustrates the drawbacks of withdrawing a Part 36 offer to settle, namely the potential loss of some or all of the costs benefits that would otherwise have arisen if the opponent fails to beat the offer: Uwug Limited (in liquidation) v Ball [2015] EWHC 74 (IPEC). In this case, the defendant withdrew his Part 36 … Read more